RAKESH KUMAR Vs. AJIT SINGH

JUDGEMENT

(1.) THE present revision petition has been filed by Rakesh Kumar and Ganesh Kumar, hereinafter described as "the petitioners" directed against the order passed by the learned Additional Civil Judge (Senior Division), Faridabad, dated 3.4.1996. By virtue of the impugned order, the learned trial Court dismissed the application filed by the petitioners.

(2.) SOME of the relevant facts in this regard can well be mentioned. The respondent had filed a civil suit titled Ajit Singh v. Brij Mohan Sahai on 23.2.1994. The respondent prayed for permanent injunction to restrain the predecessor-in-interest of the petitioners from alienating the suit property to any body. It had been pleaded that the respondent had entered into an agreement of sale with the predecessor-in-interest of the petitioners on 1.4.1993 to sell his plot situate in Anangpur, Tehsil and District Faridabad. It was further asserted that the predecessor-in-interest of the petitioners did not get the sale deed registered on 16.2.1994 nor appeared before the Registrar. The petitioner's predecessor-in-interest declined to register the sale deed on 22.2.1994. The petitioners had submitted a reply and it was pointed out that Brij Mohan Sahai had expired on 13.10.1993. He could not refuse registration. On 6.4.1994 the learned trial Court had passed the following order :

(3.) THE learned trial Court rejected this request holding that causes of action in both the suits were different because the first suit has to be filed when the predecessor-in-interest of the petitioners attempted to sell the property, while the second suit was for specific performance of the contract.