TMI Blog1981 (5) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... rmission for that sale from the L. D. 0. New Delhi, and Municipal Corporation and within a month thereof to execute the sale-deed. The L. D. 0. required Khushal Chand by its letter dated 5.1.1980 to pay the unearned increase of ₹ 3,125.00 and thereafter the permission could be granted. (2) However, in the meanwhile, because of rise in the prices of the properties, and with ulterior motive to avoid sale in their favor, it was next alleged in the petition, a sale-deed was actually executed by Khushal Chand in favor of Jiwan Dass Rawal, respondent No. 2, for more than ₹ 60.000.00. this was in spite of their apprising Jiwan Dass Rawal that Khushal Chand had already agreed to sell the property to them. It was next stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion money was stated to be ₹ 20,000.00 only. (5) Jiwan Dass in his written statement pleaded that the petition had become infructuous as he had already purchased the property for consideration and without notice of any alleged agreement between the petitioners and respondent No. 1, Khushal Chand and a registered sale deed stood duly executed. The petition was next pleaded to be bad for misjoinder of parties as this respondent was not a party to any arbitration agreement. The petitioners were further stated to have not come with clean hands, and they were pleaded to be estopped. It was denied that the sale in his favor was after notice of agreement of sale in petitioners' favor. (6) The L. D. 0. in his written statement th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is order that Jiwan Dass Rawal feeling aggrieved, has moved the present appeal. (9) A preliminary objection has been taken to the maintainability of this appeal on the ground that none such could lie as the interim stay order could be made by the trial court u/s 41 of the Arbitration Act, which was not appealable. Confronted with this position, it has been urged from the side of the appellants that this appeal should be treated as a revision, and in support reliance has been placed upon (Reliable Water Supply Service v. U.O.I.), A.I.R. 1975 J K. 25 (Mis. Sharma Ice Factory v. M/s Jewel Ice Factory and A.I.R. 1969 Delhi 188 (Mehta Teja Singh and Co. v. Fertilizer Corporation) It is now a settled law that the label placed on a cause is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decree for specific performance is obtained, the vendor or a purchaser from him is entitled to full enjoyment of the property. In fact, even if a decree for specific performance of contract is obtained, and no sale-deed is actually executed, it cannot be said that any interest in the property has passed. (See in this respect , Govinda Chandra v. Provabati Ghose, and A.I.R. 1957 Andhra Pradesh 960 S. Ramalingm v. G.R. Jagadammal. (12) Now in the present case, a sale-deed already stands executed and registered in favor of Jiwan Dass Rawal. Narain Dass and Smt. Jassi Devi have not been so far allowed a decree for specific performance. In such circumstances, can it be said that till these persons are able to obtain such decree and get a sal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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