Vidur Impex and Traders Pvt. Ltd. Vs. Tosh Apartments Pvt. Ltd.
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Head Note
The Code of Civil Procedure, 1908 - Order I Rule (10) , The Specific Relief Act, 1963 - Section 34 , Section 37 , Section 38 , The Transfer of Property Act, 1872 - Section 52
Impleadment a party to suit - Agreement to sell property by one 'A' to 'B' - 'B' filed suit for specific performance - Court granted interim injunction restraining the vendor from parting with possession or creating third party rights in respect of the suit property - During pendency of suit, 'A' clandestinely entering into agreement to sell the property to Appellants and executing sale deed in their favour - Applications by Respondents to implead as party rejected - Appellants are total strangers to agreement between 'A' and 'B' - The agreements for sale and the sale deeds executed by 'A' in favour of Respondents did not have the legal sanctity - They are not entitled to be impleaded as party - This constituted a valid ground for declining their prayer for impleadment.
The Specific Relief Act, 1963 - Section 34 , Section 37 , Section 38 , The Transfer of Property Act, 1872 - Section 52
Agreement to sell property - Suit for specific performance - Appointment of Receiver - Court appointed Receiver of property because there was strong presumption that if receiver was not appointed attempts would be made by to alienate the property - Order of appointment of Receiver upheld.
The Transfer of Property Act, 1872 - Section 52 , The Specific Relief Act, 1963 - Section 34 , Section 37 , Section 38
Agreement to sell - Suit for specific performance - Court granted interim injunction restraining the vendor from parting with possession or creating third party rights in respect of the suit property - Vendor selling the property to appellants despite restraint order and executing sale deed in their favour - In the circumstances no valid title or interest acquired by the appellant.
Topic(s)-Agreement to Sell Property
Important Decision(s)-
- TP Act, 1882 - Section 52 - Suit for specific performance - During pendency of suit - Executing sale deed- They are not entitled to be impleaded as party.
- Suit for specific performance - Appointment of Receiver - Court appointed Receiver of property because there was strong presumption that if receiver was not appointed attempts would be made by to alienate the property - Order of appointment of Receiver upheld.