PERIYAYA Vs. M RAJAGOPAL

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 17.11.2005 in A.S.No.120 of 2005 on the file of III Additional Sub Court, Coimbatore in reversing the judgment and decree dated 6.6.2005 in O.S.No.856 of 1999 on the file of III Addi-tional District Munsif Court, Coimbatore.

(2.) THE first respondent in the present ap-peal originally filed a suit for specific per-formance before the trial court in O.S.No.856 of 1999 against the second respondent.

(3.) DURING the pendency of the suit the appellant filed an application to implead him as a party to the suit. In the affidavit filed in support of the application for impleading him as a party, it was the case of the appellant that the suit property has been in his possession and enjoyment right from the year 1977 like other Burma repatriates. It was also his con-tention that the second respondent had already agreed to sell the property to him and as such he is a necessary party to the suit. The said application was not contested by the first respondent and accordingly the application was allowed and the appellant was impleaded as second defendant in the suit.