ANIL KUMAR DAS Vs. DINESH KUMAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 17.1.2011 passed by First Additional District Judge, Harda in Civil Suit No. 31 A/2009; whereby, an application under Order 1 Rule 10 read with Section 151 Code of Civil Procedure, 1908 filed by respondent No. 3 seeking impleadment in the suit has been allowed.

(2.) Suit by the petitioner is for specific performance of contract dated 26.7.2007 which is an agreement for sale of property bearing Khasra No. 52/1 area 2 acres or in the alternative for refund of entire sale consideration along with compensation suit is valued at Rs.5,00,000/ .

(3.) Suit allegations are that, the respondent No. 1 claiming himself to be the owner of 14.71 acres of agricultural land situated at village Nimachkala, Patwari Circle No. 31 Khasra No. 52/1, Tahsil Timarni, District Harda, entered into an agreement with the petitioner for sale of 2 acres of agricultural land for a consideration of Rs.5,00,000/ of which Rs.4,32,000/ was paid on the date of registration of agreement of sale. Remaining amount, as per term of agreement was to be paid at the time of execution of sale deed which was to be by 31.12.2007. It is alleged that on 31.12.2007 the petitioner purchaser appeared before the Sub Registrar, however, the respondent No. 1 seller did not turn up whereon a legal notice on 1.1.2008 was served on him. Despite whereof he did not execute the sale deed which compelled the petitioner to file the suit in question.