KASTURI versus IYYAMPERUMAL AND ORS.
Strangers to the contract claiming independent title and possession are neither necessary nor proper parties in a suit for specific performance of contract for sale. Their addition would enlarge the scope from specific performance to a suit for title, which is impermissible under law. Only parties to the contract or subsequent purchasers from the vendor can be necessary or proper parties. The courts below acted illegally and without jurisdiction in allowing their addition as defendants.
Source excerpt
- Addition of parties
- Specific performance
- Necessary and proper parties
- Suit for specific performance of contract for sale