KUMARI HARPREET KAUR Vs. SARDAR KANWALJIT SINGH

JUDGEMENT

(1.) Manohar Lal Sharma, his wife Smt. Satyawati Sharma and son Gajender Sharma have filed application under Order 1 Rule 10 Civil Procedure Code etc. alleging that Sardar Kanwaljit Singh, defendant No. 1 was the co-owner in property No. 1-C/35, New Rohtak Road, Delhi and after the family settlement dated August 2, 1989 he bacame exclusive owner of the portion of the property which fell to his share. Defendant No. 1 entered into an agreement to sell his share in the aforesaid property to the applicants and he received part sale consideration. Possession of the part of the property was also given by him to the applicants.

(2.) This partition suit has been filed to delay the execution of the sale deed and to deprive the applicants of their right in the aforesaid property. Applicants are very much interested in the suit. It was prayed that they may be allowed to be impleaded as defendants in the suit.

(3.) Plaintiffs and also defendant No. 1 have contested the application by filing replies. In the reply filed by defendant No. 1 it is, inter alia, alleged that the alleged agreement to sell is based on misrepresentations. The applicants do not have either sufficient funds or the intention to purchase the property. It is denied that possession of any part of the property was delivered by defendant No. 1 to the applicants as alleged. It is stated that in the suit filed by the applicants against defendant No. 1 for specific performance before the District Judge, Delhi relief sought by the applicants is for delivery of possession of the property agreed to be sold by defendant No. 1. It is alleged that the applicants are neither necessary nor proper parties to the suit.