Suit for specific Performance filed - Defendant collued with third-party entered with subsequent agreement to sell - Based on subsequent agreement suit filed and compromise - such compromise Decree is lis Pendense Decree.

Citation

AIR 2008 SUPREME COURT 2718

SUPREME COURT

(From : Punjab and Haryana)*

SATYA BRATA SINHA , J. and LOKESHWAR SINGH PANTA , J.

Civil Appeal No. 3573 of 2008 (arising out of SLP (C) No. 605 of 2007), D/- 14 - 5 - 2008

Arjan Singh v. Punit Ahluwalia and Ors.

(A)Civil P.C. (5 of 1908), O.23 R.3 - Consent decree - Validity - Two suits for specific

performance of agreement of sale of same property by two purchasers, one of them was

appellant - Two purchasers impleaded in each other's suit - Consent decree passed in terms

of compromise in other purchaser's suit - Appellant not being party in such compromise was

not bound by a consent decree - Compromise also hit by S.52 of Transfer of Property Act and

S.19 of Specific Relief Act - Court can pass discretionary order u/S.20 of Specific Relief Act,

in suit filed by appellant. C.R. No. 947 of 2006, D/-10-10-2006 (PandH), Rever