2001 (4) TMI 940

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....ssary for disposal of this appeal are : 3. In the aforementioned arbitration case between the parties (to which the appellant was not a party), an order was passed on 11.1.1971 with the consent of the parties appointing them as joint receivers giving several directions including a direction to take possession of immovable property being Khasra Nos. 1191 and 1192 situated at Hansi in the State of Haryana. In the same award case, another award was passed on 26.8.1993 based on the suggested order signed by the Advocate for the parties and joint receivers in which it is stated that inspite of the communication of the earlier orders of the High Court, the appellant did not take any action to deliver possession of the property in Khasra No. 11....

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....ossession to the joint receivers." 5. The learned counsel for the appellant urged that the High Court was not at all justified in rejecting the application based on two earlier orders referred to above to which the appellant was not a party; admittedly the appellant is in possession of the property in dispute having built octroi post on the said piece of land, the very direction to the appellant to deliver possession supports the case of the appellant as to its possession over the property; when the appellant has claimed ownership and possession of the property referring to the records mentioned in the application filed by it, the application for intervention ought to have been allowed; in a case like this, the rights of the purchaser ov....