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TMI Blog2015 (11) TMI 1902X X X X Extracts X X X X X X X X Extracts X X X X ..... r sons. Defendant Nos. 1 and 2-Charanjit Singh and Subeg Singh had entered into an agreement dated 06.03.2006 with plaintiff-respondent No. 1 in respect of the shop in dispute by claiming their right over it on the basis of a Will dated 12.07.2004. However, their probate petition qua the said Will was dismissed on 01.05.2010. The petitioner is one of the sons of Swaran Singh, who had earlier filed an application under Order 1 Rule 10 CPC for impleading him as party on the ground that he was in occupation of the suit property as a lessee. The said application was allowed, but the revision filed by the vendee i.e. Civil Revision No. 7856 of 2013 was allowed by this Court vide order dated 04.11.2014 holding that if he is a tenant, he would rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment dated 01.05.2010 (Annexure P-4). 3. Learned counsel for the petitioner has argued that after dismissal of the probate petition, the petitioner had equal right in the property, which was sold by defendant Nos. 1 and 2 in favour of plaintiff-respondent No. 1. Vide order dated 04.11.2014 passed in Ashok Kumar Jain v. Charanjeet Singh and others, (2015-2) 178 P.L.R. 226, a Coordinate Bench of this Court had allowed the petitioner and set aside the order impleading the present petitioner as party to the suit, solely on the ground that application had been made by him only as a partner of the firm, M/s. Hero Water Meters, 289, Automobile Market, Barwala Road, Hisra, which was lessee/tenant in said property by way of a registered lease d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mathoo Khatik and another, 1976 A.L.R. (M.P.) 148, to contend that in a suit for specific performance, under Section 19 of the Act, a co-owner cannot be impleaded as a party, if he is not a party to the contract. 6. Reference, at this stage, can be made to a decision given by the Hon'ble Supreme Court in Kasturi's case (supra). In that case, a suit for specific performance was filed and subsequently, an application under Order 1 Rule 10 CPC was made for impleadment of defendants. The plea taken was that they were in possession of the property and had an independent title over the same and the sale deed could not be executed in view of their possession over the property. The trial Court had allowed the application and this order wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court also appears to have committed an error in observing that the decision in Anil Kumar Singh's case (supra) was not applicable to the facts of this case, despite the fact that on a consideration of the provisions of Order 1 Rule 10 and Order 22 Rule 10 of the Code, this Court held that since the plaintiff in the said matter was merely seeking the specific performance of an agreement of sale, any attempt to implead a third party to the contract in the suit would be hit by the provisions of Section 15(a) of the Specific Relief Act, 1963. In fact, in Anil Kumar Singh's case (supra) in a suit for specific performance, the respondent, who was not a party to the contract but wanted to be impleaded as a defendant on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no dispute with regard to his share in the property left by Swaran Singh after dismissal of probate petition. Since after being impleaded as party on an earlier application, he has filed his written statement and has led evidence, it would not amount to enlarging the scope of dispute. Moreover, as per the judgments passed by this Court in Amrik Singh and Smt. Sarita Devi Jain's case (supra), it has been held that in a suit for specific performance, the vendor can only sell to the extent of his share in favour of vendee. He cannot sell the property/share of other co-sharers. With the dismissal of probate petition, the dispute between defendant Nos. 1 and 2 and the present petition has come to rest and in order to avoid multiplici ..... X X X X Extracts X X X X X X X X Extracts X X X X
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