- (1.) This order shall dispose of two revision petitions bearing CR Nos.1836 and 1844 of 2013 as both are inter-connected. In CR No.1836 of 2013, the petitioner has challenged order dated 12.03.2013 (Annexure P-6) by which application filed by the petitioner under Section 152 of the Code of Civil Procedure, 1908 (for short CPC ) has been dismissed, whereas CR No.1844 of 2013 is directed against the order dated 12.03.2013 (Annexure P-7) dismissing the objections filed by the petitioner under Section 47 CPC. Brief facts of the case are that respondent no.1 Surjit Singh (vendee) and respondent no.2 Bishan Paul (vendor) entered into an agreement dated 06.02.1985 to sell remaining half share in property no.BVII- 555, Nizam Road, Ludhiana. Surjit Singh filed suit for specific performance in respect of the agreement dated 06.02.1985 alleging that Bishan Paul had received Rs.1,000/- from him as advance and agreed to execute and register the sale deed on 31.12.1985 on receipt of remaining sale consideration of Rs.64,000/-. The said suit bearing No.45 was filed on 06.02.1988 in which Surjit Singh had further alleged that he had already purchased half share of the property from Bishan Paul vide sale deed dated 07.02.1983 and the remaining half share was agreed to be sold on 06.02.1985. In the said suit, Surjit Singh had also impleaded Bhagwan Dass (petitioner herein) and Satya Parkash as defendants no.2 and 3 to whom Bishan Paul (vendor) had sold the suit property vide registered sale deed dated 05.03.1986, one shop situated on the ground floor of the suit property was sold to Bhagwan Dass and other shop on the ground floor to Satya Parkash (defendant no.3) on 02.05.1986 in which they were the sitting tenants. Bishan Paul had also sold the second portion of the suit property on 02.01.1989 to the petitioner Bhagwan Dass.
(2.) The suit was contested by Bishan Paul (defendant no.1) by filing separate written statement and the other defendants in which defendnat no.2 took a specific plea of bonafide purchaser for valuable consideration being unaware of the agreement prior to the sale deed dated 02.05.1986. It was also alleged that on 28.09.1988, Surjit Singh had executed sale deed in respect of half share of his property No.B-VII-555 which he had purchased vide aforesaid sale deed dated 07.03.1983 from Bishan Paul for a sale consideration of Rs.45,000/- in favour of Bhagwan Dass. Therefore, the suit filed by Surjit Singh on the basis of the agreement to sell dated 06.02.1985 had become redundant. On the pleadings of the parties, various issues were framed and they were called upon to lead their evidence. On 25.02.1992, counsel for the plaintiff made the following statement:- Statement of Sh. M.C.Sehgal, Advocate, counsel for plaintiff. Stated that I do not claim any relief against defendants no.2 and 3 and names of these defendants be deleted from the suit. RO&AC Sd/- 25/2/92 Sd/- M.C.Sehgal Adv. S.J.I.C.
(3.) On the aforesaid statement, following order was passed by the learned Trial Court:- Present:- Counsel for the parties. In view of the statement made by Shri M.C.Sehgal, Advocate, counsel for plaintiff, suit is withdrawn against the defendants no.2 & 3. Therefore, the name of the defendants no.2 & 3 is deleted from the head note of the plaint. Now to come upon 12/3/92 for evidence of the defendant no.1. Sd/- S.J.I.C./25.2.92. However, the Trial Court, while deciding the suit, passed the following order in respect of issue no.8 (Relief), which reads thus:- Issue No.8 (Relief) In view of my decision in the foregoing issues, I pass a decree for possession by way of specific performance of agreement to sell dated 06.02.1985 of half share of property No.B.VII-555, Nizam Road, Ludhiana, as fully detailed in the head-note of the plaint in favour of the plaintiff against the defendants with the conditions that the defendant to deposit the remaining Rs.64,000/- within a period of one month from the date of judgment, failing which the suit of the plaintiff shall stand dismissed. Decree-sheet be prepared. The file be consigned to the record room. Announced:14.05.1992. Sd/- Sub Judge 1st Class Ludhiana. ;