Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rs.No.3440 of 2013 (O&M) Date of decision: 11th February, 2014 Sumitra and others Appellants Versus Rajbir and others Respondents CORAM: HON’BLE Mr.JUSTICE RAKESH KUMAR GARG1 Whether Reporters of Local Newspapers may be allowed to see the judgment?.
2.
Whether to be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
Present: None for the appellants.
Mr.Dalip Kumar Tuteja, Advocate for the applicant.
RAKESH KUMAR GARG, J.
(ORAL) CM No.11134-C of 2013 Applicant is seeking impleadment in the appeal being bonafide purchaser of a part of the suit property by virtue of an alleged sale deed dated 29.03.2008.
Learned counsel for the applicant argued that in view of the judgment of Hon’ble the Supreme Court rendered in the case of ‘Thomson Press (India) Ltd.v.Nanak Builders & Investors (P) Ltd.’ (2013) 5 SCC397 a transferee pendente lite can be impleaded in suit.
There is no dispute with the aforesaid proposition of law.
However, in the instant case, the applicant is claiming himself to be a Singh Rattan Pal 2014.02.19 13:51 I attest to the accuracy and integrity of this document Punjab & Haryana High Court Rs.No.3440 of 2013 (O&M) 2 transferee from the appellants during the pendency of the suit, but has chosen to become party only in the regular second appeal.
It is well settled that applicant will step into the shoes of his vendor and will not get a better title over his vendor.
Moreover, the instant appeal has already been filed by his alleged vendORS.No details have been mentioned in the application as to how and to what extent applicant has become owner of the suit property.
No document has been attached to support the claim.
Not only this, the applicant cannot be held to be a bonafide purchaser of the suit property as admittedly he has become a transferee during the pendency of the suit and he has to sink or swim with his vendor.
Thus, the application is dismissed.
Rs.No.3440 of 2013 (O&M) No one is present on behalf of the appellants.
Dismissed in default.
(RAKESH KUMAR GARG) JUDGE February 11, 2014 rps Singh Rattan Pal 2014.02.19 13:51 I attest to the accuracy and integrity of this document Punjab & Haryana High Court