Vendor is Necessary Party in Specific Performance Suits Even after Transferring Property: Supreme Court

The Supreme Court reaffirmed that in suits for specific performance of an agreement to sell immovable property, the vendor is a necessary party even if the property has been transferred to a third party.

The Court held that the vendor must be joined to ensure contractual covenants and obligations are fulfilled, while the transferee conveys the title.

The judgment also clarified that appeals do not abate if the deceased vendor’s interest is adequately represented by other legal heirs.

This ensures that the purchaser receives the benefit of the agreement as originally intended.

[Kishorilal (D) Thr. Lrs & Ors. v. Gopal & Ors.]