MEENA AGGARWAL Vs. DEEPTI PRASAD GOEL AND OTHERS

JUDGEMENT

(1.) This is a civil revision and has been directed against the order dated 11th Aug., 1999, passed by the Court of Civil Judge (Junior Division) Sonepat who dismissed the application of the petitioner under Order 1 Rule 10 Civil Procedure Code.

(2.) Some facts can be noticed in the following manner. Smt. Meena Aggarwal filed a suit for specific performance and declaration against Shri Deepti Parshad Goel, Sukhpal and Diler Singh and the case set up by the plaintiff in the trial Court was that Shri Deepti Parshad Goel was the owner of the property and he vide agreement of sale dated 30th Oct., 1993 agreed to sell the property in favour of the plaintiff for consideration. He backed out the agreement. Rather he transferred the property in favour of defendant Nos. 2 and 3. Since defendant No. 1 Shri Deepti Parshad Goel has committed breach of contract the present suit has been filed by the petitioner.

(3.) Notice of the suit was given to the respondents. Defendant-respondent No. 1 took the objection that he is owner of the property to the extent of 1/3rd share only and the remaining 2/3rd share belongs to Shri Rajinder Parshad and Ram Singh and as such the relief of specific performance could not be granted to the plaintiff-petitioner. The other defendants also took the stand that they are the bonafide purchasers.