Subsequent Purchaser as Proper Party in Specific Performance Suits: Supreme Court’s Perspective
By Abhishek Jat, Advocate Background The Supreme Court, in the matter of M/S J N Real Estate v. Shailendra Pradhan & Ors. (Civil Appeal Nos. 5405-5406 of 2025), addressed the question of whether a subsequent purchaser of property should be added as a party to a suit for specific performance, even though such a purchaser may not be strictly necessary for the suit’s outcome. Factual Matrix The dispute revolved around agricultural land originally owned by Indramohan Pradhan. Conflicting claims arose due to two separate wills and multiple agreements to sell, resulting in three parties asserting title over the same property: The appellant (original defendant no. 8), claiming ownership through a registered sale deed executed by a beneficiary under one will. The original plaintiff, who had entered into an agreement to purchase the property from the testator’s sons, beneficiaries under another will. The original defendant no. 4, w...