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Tuesday, March 9, 2010

In absence of registered sale deed petitioner cannot be owner of the house--Hence, petitioner cannot be said to be proper or necessary party

2010(1) LAW HERALD (P&H) 161
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L. N. Mittal
C.R. No. 76 of 2010
Kanwaljit Singh
v.
Gurinder Pal Singh & Ors.
{Decided on 08/01/2010}
For the Petitioner: Mr. Jagdish Manchanda, Advocate.
Civil Procedure Code, 1908, O.1, R.10--Impleadment--Plaintiff-respondent No.1 filed suit for declaration that he is owner of suit house--He also claimed relief of possession and permanent injunction--Petitioner moved application for impleadment claiming himself owner of the house on basis of agreement to sell--Petitioners and his predecessor-in-interest not filing suit for specific performance of said agreement which is hopelessly barred by limitation--In absence of registered sale deed petitioner cannot be owner of the house--Hence, petitioner cannot be said to be proper or necessary party to suit. (P.5, 6 & 7)