N.J. KANWAR Vs. RANJIT CHARLES SINGH

JUDGEMENT

(1.) THE abovementioned petitions have been filed by two petitioners who are the plaintiffs in the learned Trial Court. In the petitions, both have challenged the orders dated 26th September, 2012 whereby their applications under Order 22 Rule 4(4) of the Code of Civil Procedure (hereinafter referred to as ''the Code) were disposed of.

(2.) THE petitioners filed the suit for specific performance of the Agreement to Lease between previous owner and the petitioner, against respondent No.2 herein seeking direction by way of decree against the previous owner to perform the agreement and execute the lease deed in respect of the suit property as per the site plan at a monthly rental of Rs.1,500/ -. The main case of both the petitioners is that the previous owner settled her dispute with the petitioners. The orders dated 18th October, 2007, 5th November, 2007 and 23rd November 2007 evidence the compromise arrived at between them resulting in the dismissal of the eviction petition filed by the previous owner.

(3.) IT was stated by the respondent No.2 that the suit property has already been sold by previous owner by way of registered sale deed. The respondent No.2 has already terminated the tenancy of the suit property and suit for possession and damages is pending prior to the suits filed by the petitioner. Thus, the respondent No.1 i.e. previous owner Smt.Ranjit Charles Singh was left with no right, title or interest in the suit property. The petitioner on the date of filing of the suit for specific performance was aware that no relief could have been claimed against deceased Smt.Ranjit Charles Singh. The respondent No.2 is contesting the said two suits, being the bonafide purchaser of the suit property and is the only necessary party in the suits to determine the real dispute. According to respondent No.2 both the suits are not maintainable since they have been filed on the basis of oral agreement which has never been arrived at between the petitioners and the previous owner. Both suits are false and frivolous.