Kashmir Singh v. Balkar Singh And ANR.

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.2707 of 2016 (O&M) Date of Decision.12.04.2016 Kashmir Singh .......Petitioner Vs.

Balkar Singh and another ........Respondents

Present:

Mr. C.S. Sharma, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

In a suit for specific performance of agreement of sale, a third party claims ownership over the property and states that he is actually in possession of the property and the agreement of sale purported to have been executed in favour of the plaintiff cannot be enforced. The apprehension expressed is that the plaintiff may secure a collusive decree and cause obstruction to his possession. In my view, the petitioner will be at liberty to file his own suit and even establish his title and possession and stave off any scope for a misuse of decree obtained in collusion with the defendant. The suit for specific peformance cannot converted into suit for declaration of title and therefore, an impleadment sought for was not competent and if the Court below has dismissed it, there is no warrant for interference in the revision petition.

2.

The revision petition is dismissed.

(K. KANNAN) JUDGE April 12, 2016 Pankaj* PANKAJ KUMAR 2016.04.22 10:48 I attest to the accuracy and integrity of this document