Sale of property after execution of sale agreement - the subsequent purchaser should be added as a defendant and should be made to join execution of the Sale Deed - contract of sale by itself does not create any interest over immovable property - agreement holder can't claim declaration that the sale deed executed by the third defendant in favour of the fourth defendant is bad,

Citation 

(2024) 1 MLJ 446 

LNIND 2023 MAD 5072

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Hon'ble Mr. Justice R. Subramanian

Hon'ble Mr. Justice N. Senthilkumar

A.S.No. 493 of 2017 and CMP No. 15634 of 2017

15th November, 2023

A. Ramakrishnan @ Ramakrishnappa

...Appellant

...Versus...

N. Parvathi and Others

...Respondents

(A) Civil Procedure Declaratory Relief - Right of an agreement holder Specific Relief Act, 1963, Section 34 - Transfer of Property Act, 1882, Section 54 - A contract of sale by itself does not create any interest over immovable property - As on the date of the suit, the plaintiff was only an agreement holder, and did not have a subsisting right over the property so as

to enable him to seek a declaration that the sale deed executed by the third defendant in favour of the fourth defendant is bad, therefore, declaratory relief sought for by the plaintiff cannot be granted [Paras 16 and 17] - Appeal dismissed.

(B) Civil Procedure - Frame of Suit - Sale of property after execution of sale agreement - Code of Civil Procedure, 1908, Order II - On the execution of the sale deed by the vendor, the title in the property stood transferred to the subsequent purchaser and therefore, the subsequent purchaser should be added as a defendant and should be made to join execution of the Sale Deed, to transfer good title to the plaintiff if he/she is successful in a suit for specific performance [Paras 18 and 19].