JADO RAM GUPTA Vs. KEHAR SINGH

JUDGEMENT

(1.) This application under Order 1 Rule 10 of the Code of Civil Procedure is by Smt. Champa and Smt. Nando, widow of late Dr. Kehar Singh of village Mundka, Delhi for being impleaded as defendants in the suit filed by the plaintiff against the four sons of Dr. Kehar Singh and another.

(2.) Plaintiff filed the suit for specific performance against five defendants, four of whom are the sons of Dr. Kehar Singh. Fifth one is Ram Parkash. It is alleged that on 1.12.1978 Dr. Kehar Singh agreed to sell 3 bighas 4 biswas of land out of khasra No.683/2, situate in village Mundka, Delhi in favour of the plaintiff. By virtue of another agreement of the same date, the plaintiff agreed to purchase and defendant Ram Parkash agreed to sell land measuring 2 bighas 10 biswas, which land also belonged to Dr. Kehar Singh and which he had agreed to sell to defendant No.5 through another agreement dated 28.10.1978. Plaintiff has further alleged that on 28.1.1979 another agreement was entered into between him and Dr. Kehar Singh which provided that the plaintiff will purchase and Dr. Kehar Singh will sell 5 bighas 14 biswas of land out of khasra No.683/2 (old) and new No.562, Lal Dora Phirni, situate in village Mundka and that the agreement dated 28.10.1978 between Dr. Kehar Singh and defendant No.5 will be treated as between the plaintiff and Dr. Kehar Singh. It is further alleged that Dr. Kehar Singh during his life time failed to abide by his part of the contract despite requests. Dr. Kehar Singh expired on 7.4.1979 and after his death his legal representatives also failed to execute sale deed in favour of the plaintiff despite service of notice dated 14.4.1991 and in these circumstances the plaintiff had no option but to file a suit for specific performance of agreement to sell. Suit was instituted on 4.6.1991. It was contested by defendants 1 to 4 and on the pleadings between the parties issues were framed on 31.3.1986. One of the issues framed in the suit is:

(3.) Parties closed their evidence on 31.7.1991 and the suit was directed to be posted for 9th December, 1991 in the category of Finals.