Suhrid Singh @ Sardool Singh vs Randhir Singh & Ors on 29 March, 2010
A perusal of the said authority shows that in that case, the
suit property was claimed to be coparcenery property by the plaintiff
and a Will was also set up and sale deeds by the father of the plaintiff
were challenged. The present suit is for specific performance. No
prayer has been made for cancellation of the sale deed dated
17.07.2013 but the plaintiff merely wants declaration that the said
sale deed be set aside. He had got prepared the agreement to sell in
his favour. Therefore, the case of the plaintiff is not covered by the
said authority. Defendant No.2 being the subsequent purchaser is a
necessary party. Therefore, he has been impleaded as defendant.
The main prayer is regarding the specific performance of the
agreement to sell in his favour.