- (1.) Plaintiff, in a suit for specific performance of contract, is the appellant herein. She was a tenant in a portion of the premises in respect whereof the agreement of sale dated 1.4.1986 is said to have been entered into by and between the parties hereto. The relevant clauses of the said agreement read as under:- "It was settled down in between the above parties that house of party No. 1, in which party No. 2 is living, party No. 1 will sell for Rs. 48,000/- (Forty eight thousand only) and as a part payment received Rs. 24,000/- (Rupees twenty four thousand) by cheque by party No. 2 from party No. 1 on 20.3.86. (2) Party No. 1 will obtain permission for sale of the house from Ceiling Officer and will give information to party No. 2 and within three months of the information the party No. 2 will get executed the Registry and will make the payment of balance amount. (3) That Party No. 1 assured to Party No. 2 that regarding the rights of ownership and transfer of the house there is no dispute and if need arises then party No. 1 will get permission from the Court and Party No. 2 will have the right that on the error of party No. 1 will get registry executed through court and the expenses will have to be borne by party No. 1. Therefore, this agreement wrote down and received Rs. 24,000/-(Rupees twenty four thousand). The map of residential house prepared and will remain with this document. The boundaries are wrote down under : North : House Sambhajirao Angre. West : Property of Sambhajirao Angre East : Road South : House Hariram Kapoor"
(2.) A suit for specific performance was filed on 9.9.1986 which was marked as O.S. No. 228A/1986. Proper court fees were not paid thereupon. Having regard to an objection taken in that behalf by the first respondent herein in his written statement, allegedly another suit was filed by her on 23.3.1987, which was marked as O.S. No. 13A of 1987. O.S. No. 228A of 1986, on the premise that another suit has been filed, was sought to be withdrawn. The application for withdrawal was allowed.
(3.) Respondent No. 1, however, had entered into another agreement of sale with the respondent No. 2. He filed an application for impleading himself as a party in the suit. It was allowed.;