(1.) Sanjeev Walia, an agreement holder, has filed this intra-court appeal under Clause X of the Letters Patent against the order dated 25.11.2014 passed by the learned Single Judge, whereby an application (CM No. 14345 of 2014) filed by the appellant herein to implead him as a party in the writ petition (CWP No. 14924 of 2014) filed by Hakam Din (respondent No.1 herein) has been dismissed, while observing that he is not a necessary party to be impleaded in the said writ petition, and the writ petition has been allowed.
(2.) Hakam Din had filed the aforesaid writ petition seeking direction to the Tehsildar, Khanna, District Ludhiana, to register the sale deed of land measuring 3 Kanals 4 Marlas situated in village Galwadi, Tehsil Khanna, District Ludhiana, in his favour, in view of the sale certificate dated 08.06.2011 (Annexure P-1) issued by the State Bank of Patiala. Hakam Din was the auction purchaser of the said land in the auction, which was conducted by the bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act'). The sale certificate was issued by the bank in his favour in accordance with law, but the Tehsildar refused to register the sale deed on the basis of the sale certificate, stating that the suit for specific performance filed by the appellant herein is pending and the stay order is operating therein.
(3.) It is pertinent to mention here that the appellant has filed suit for specific performance of the agreement dated 02.08.2005 against Ajmer Kaur, owner of the aforesaid land, which was mortgaged with the bank and was sold in auction under the SARFAESI Act as she was defaulter of the bank. The said suit is pending before the civil court. After getting the sale certificate issued in his favour, being the highest bidder and the auction purchaser Hakam Din wanted to get the sale deed registered in his favour, and when registration of the sale deed was declined by the Tehsildar, he moved an application before the civil court for becoming party to the aforesaid suit for specific performance. The said application was dismissed. Thereafter, Hakam Din filed the aforesaid writ petition seeking direction to Tehsildar to register the sale deed in his favour, pleading therein that he has purchased the land in accordance with law under the SARFAESI Act, and his right cannot be defeated by the Registrar/Tehsildar, while not permitting him to get the sale deed registered. The said writ petition was pending before the learned Single Judge, when the appellant filed an application stating that he is a necessary party and he should be impleaded as party in the writ petition. Vide the impugned order dated 25.11.2014, the said application has been dismissed by the learned Single Judge, while observing as under :-