R. C. ANAND Vs. JOGINDER SINGH

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions.

(2.) The suit was filed by the plaintiff on 13.06.2007, for specific performance of an agreement to sell dated 04.12.2006. It was originally filed against defendant no. 1, who was the vendor in the agreement to sell. The address of the suit property mentioned in the plaint, as also in the agreement to sell was RZ-R 185 (Old number), RZ-R 223 (New number), Gali No. 5, Nihal Vihar, Delhi, falling in Khasra No. 4/16 of the revenue estate of Village Nangloi Sayyed, Delhi.

(3.) During the course of proceedings, it transpired that the suit property had been sold to defendant nos. 2 and 3, and they were also impleaded. Defendant Nos. 2 & 3 took the stand that the suit property is not the property acquired by them, which bears the property no. RZR-261, Khasra No. 4/16, Nihal Vihar, New Delhi-110041, and not RZR-185, or RZR-223. One of the issues framed in the suit is whether the defendant nos. 2 and 3 have been unnecessarily impleaded as a party, since the property no. RZR261 sold to them is not the suit property in question. After framing of issues, evidence was led before the Trial Court and concluded on 26.09.2017.