MAIN PAL SINGH Vs. SECOND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition is directed against the order passed by the Executing Court dated 3rd January, 1994 passed in three different Misc. Execution Cases No. 16/90, 17/90 and 18/90 as also against the order passed by the Second Additional District Judge, Sultanpur in Civil Revision No. 27/94, 28/94 and 29/94, dated 7.12.1994, whereby all the revisions have been clubbed and decided together.

(2.) The petitioner filed Original Suit No. 50 of 1972 for specific performance of the agreement to sell, executed by Tara Chand in favour of the petitioner dated 25.8.1971. During the pendency of the said suit, Sri Tara Chand is alleged to have executed a sale deed of the same property in favour of Sri Dhyan Singh dated 13.12.1973. The plaintiff accordingly moved an amendment application along with an impleadment application in the said suit. The suit was finally decree by the trial court after allowing the amendment and impleadment applications on 11.8.1977. In the said suit Sri Dhyan Singh was made a party.

(3.) Feeling aggrieved by the aforesaid order of the trial court three sets of appeals were filed. One by the plaintiff in so far as the suit was decreed only against the defendant No. 1. The other two by the original owner of the property Sri Tara Chand and by the other purchaser Sri Dhyan Singh. The appeal filed by the plaintiff was allowed, while the appeals filed by the original owner Sri Tara Chandra and other purchaser Sri Dhyan Singh were dismissed by the First Appellate Court dated 4.5.1978.