Sucha Singh Sodhi (D) Thr.Lrs. vs Baldev Raj Walia

3) In order to appreciate the short legal issue involved in the appeal, few relevant facts, which lie in a narrow compass, need to be mentioned hereinbelow.

5) On 11.10.1996, Sucha Singh(original plaintiff) since dead and now being represented by his legal representatives (appellant Nos.1 to 4 herein) filed a suit being Civil Suit No.705/1996 against respondent No.1 in the Court of Senior Civil Judge, Delhi. The suit was filed only for grant of permanent injunction.

6) The plaint was founded on the allegations, inter alia, that respondent No.1 was the owner of the house, i.e., basement and half of the first floor of the premises in plot No.1, Gali No.9 situated at Sanwar Nagar Post Office Raipur Khurd, New Delhi, as detailed in the plaint (Annexure-P-2) (hereinafter referred to as “the suit premises”). Respondent No.1, on 27.02.1996, agreed to sell the suit premises to Sucha Singh (Plaintiff) for Rs.11,50,000/- and out of the total amount, Sucha Singh paid a sum of 3 Rs.2,00,000/- by way of advance to respondent No.1 by cheque.

7) It was further averred that Sucha Singh was placed in possession of the suit premises in February, 1996. It was alleged that in May, 1996 respondent No.1 demanded more money from Sucha Singh pursuant to which Sucha Singh further paid Rs.36,000/- in cash to respondent No.1.

8) It was alleged that on 10.10.1996, respondent No.1 threatened to dispossess Sucha Singh from the suit premises and made unsuccessful attempt to dispossess him with the help of henchmen (Para 13 of the plaint).

9) It is on this cause of action, Sucha Singh filed a civil suit for permanent injunction on 11.10.1996 against respondent No.1 in relation to the suit 4 premises restraining him from interfering with his possession over the suit premises.

10) Respondent No.1 filed the written statement, inter alia, alleging therein that he has already transferred the suit premises to respondent No.2 herein and, therefore, the remedy of plaintiff-Sucha Singh, if any, would be to file a civil suit for specific performance of the agreement against respondent No.1 but not in prosecuting the suit for permanent injunction.

11) On 27.11.1998, Sucha Singh (plaintiff) made a statement in the Court that he wants to withdraw the civil suit. He also made a statement that he is withdrawing the civil suit with a view to file proceedings before the competent forum to claim appropriate relief against respondent No.1. 5

14) Respondent No.2 i.e. the alleged subsequent purchaser filed an application under Order 1 Rule 10 of the Code to become a party (defendant) in the suit. The application was allowed and respondent No.2 was arrayed as defendant No. 2.

19) The plaintiffs felt aggrieved and filed appeal before the High Court of Delhi. By impugned judgment, the High Court while concurring with the reasoning and the conclusion of the Trial Court dismissed the appeal. Against the said judgment, the plaintiffs felt aggrieved and have filed the present appeal by way of special leave in this Court.

46) In view of the foregoing discussion, we cannot concur with the reasoning and the conclusion arrived at by the Trial Court and the High Court which wrongly allowed the application filed by respondent 23 No.2 (defendant No.2) under Order 7 Rule 11 of the Code and, in consequence, dismissed the appellants’ (plaintiffs’) suit as being barred by the provisions of Order 2 Rule 2 of the Code.

47) As a consequence, the appeal succeeds and is accordingly allowed. The impugned judgment is set aside. The application filed by respondent No.2 (defendant No.2) under Order 7 Rule 11 of the Code is dismissed.

48) The civil suit (No.54/99 re-numbered as 135/2008) filed by the appellants against the respondents is held maintainable. It is accordingly restored to its original file for being tried on merits and in accordance with law.

49) The Trial Court is directed to decide the civil suit on merit expeditiously and preferably within one 24 year without being influenced by any of our observations.

………………………………..J (R.K. AGRAWAL) ..………………………………J. (ABHAY MANOHAR SAPRE) New Delhi, April 13, 2018 25