Jamuna Beharani Etc. vs Patarla Polayya Desibehera on 12 January, 1977
In the decision reported in AIR 1961 Raj 196, (Shankerlal v. Jethmal) it has been observed that where a question of title is raised in ,a suit for specific performance between a vendor and a purchaser, it has got to be decided between the parties to the suit, even though this may have to be in the absence of some other person or persons who may be interested in the title of the property in question but have not been made parties to the said suit and therefore are not before the court Their Lordships state that the courts are bound to and should pronounce upon the efficacy or otherwise of the title in question in such cases though the judgment of the court in such an action would be only in personam and not in rem.