KALAWATI DEVI Vs. YOGANTI DEVI

JUDGEMENT

(1.) I have already heard the learned counsel Mr. Chandrakant on behalf of the petitioners and the learned counsel Mr. Ranjan Kumar Dubey on behalf of the respondents in both the applications. C.W.J.C. No. 12994 of 2011 has been filed by the plaintiffs petitioners against the order dated 5.8.2010 passed by Sub-Judge-5th, Siwan in Title Suit No. 165 of 2008, whereby the court below rejected the petition filed by the plaintiffs for adding subsequent purchaser as defendant No. 4 in the suit for specific performance of contract.

(2.) The other C.W.J.C. No. 13934 of 2011 has been filed against the order dated 29.4.2011 passed by the said court rejecting the review application filed by the petitioners for reviewing the order challenged in C.W.J.C. No. 12994 of 2011. In view of the above facts both the writ applications are heard together in admission matter and disposed of by this common order. The result of the writ application arising out of the original order rejecting the application under Order 1 Rule 10 C.P.C. will govern the result of the subsequent writ application.

(3.) The plaintiffs petitioners filed Title Suit No. 165 of 2005 for specific performance of contract alleging that the suit property belonged to defendant No. 1 who entered into agreement to sell the suit property and pursuant to that agreement the plaintiff has already paid Rs. 53,500/-to the defendant No. 1. For registration of the sale deed both the plaintiffs and defendants went to Registrar Office on 8.8.2000 but on that day deed could not be registered. On the next day the defendant refused to come to Registrar Office. The plaintiff filed Compulsory Registration Case Nos. 1 of 2001 and 2 of 2001 in the Court of Registrar who after hearing the parties dismissed the case on 9.4.2001. The appeals were filed which were also dismissed. Thereafter the plaintiff filed the suit for specific performance of contract.