SURENDRA KUMAR SINGH, SON OF LATE KISHUN PRASAD SINGH, RESIDENT OF PLOT NO. C Vs. SHARDA DEVI, WIFE OF LATE SUKHDEO PRASAD SINGH
LAWS(JHAR)-2016-9-57
HIGH COURT OF JHARKHAND
Decided on September 27,2016

Surendra Kumar Singh, Son Of Late Kishun Prasad Singh, Resident Of Plot No. C Appellant
VERSUS
Sharda Devi, Wife Of Late Sukhdeo Prasad Singh Respondents

JUDGEMENT

Chandrashekhar, J. - (1.) Aggrieved of order dated 10.06.2009 passed in Title Suit No. 40 of 2003, whereby application under Order 1, Rule 10 r/w Section 151 CPC filed for impleading General Manager, Town Administration Department, Steel Authority of India Limited (SAIL) as party defendant has been rejected, the instant writ petition has been filed.
(2.) The petitioner is the plaintiff in Title Suit No. 40 of 2003, which was instituted mainly for a decree of specific performance of the agreement/memo of understanding dated 11.06.2000 and 06.06.2003 and for a direction upon the defendant-Sukhdeo Prasad Singh to obtain permission from Steel Authority of India Limited for grant of extension of time for transfer of the lease hold interest in the suit property in favour of the plaintiff and to execute a registered deed of transfer of the lease hold interest in favour of the plaintiff.
(3.) Following issues were framed in the suit : 1. Is the suit as framed is maintainable 2. Has the plaintiff valid cause of action for the suit 3. Are the parties acquired the suit property out of the yield and income of partnership firm 4. Has the defendant not applied for the transfer of lease hold interest of the suit property in favour of the plaintiff in the T.A. Department of SAIL, Bokaro Steel Plant 5. Has the possession of suit property been transferred in favour of plaintiff as per memo of understanding dated 11.06.2000. 6. Whether the plaintiff is entitled to decree as prayed for 7. To what relief or reliefs the plaintiff is entitled for ;


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