It is true that a third party can resist the delivery of possession in the execution proceedings whether at the stage of attachment or under Rule - 58 or delivery of possession by establishing independent title by filing applications under Rule-58 or 99, as the case may be, of Order-XXI CPC. Filing of independent suits is also prohibited in matters of this nature. A slightly different approach becomes necessary where the person in possession of the property claims the right under a separate agreement of sale. The agreement of sale by itself does not confer title upon such person. However, he would not have a right to take the plea under Section 53-A of the TP Act, whenever steps are initiated for recovery of possession against him, either by the original owner or any person claiming through him. It becomes highly doubtful whether the adjudication on the touchstone of Section 53-A of the TP Act can be undertaken in an application filed under Rule - 97 or 99 of Order-XXI CPC. Though from the point of view of the decree holder, it may be the controversy pertaining to execution of the decree, it would be evident that from the point of view of a third party, his rights are to be adjudicated vis--vis the person who executed the agreement of sale in his favour or anyone, claiming through him. The truth or otherwise of the agreement of sale needs to be examined. 10. Identity of the property is another question. Even before the suit for specific performance was filed, the appellant had initiated steps against the predecessor of the respondents. That, however, was not taken to the logical conclusion. In this scenario, the appellant could not have dispossessed the respondents. The lower appellate Court has taken the correct view of the matter and allowed the application.
It is true that a third party can resist the delivery of possession in the execution proceedings whether at the stage of attachment or under Rule - 58 or delivery of possession by establishing independent title by filing applications under Rule-58 or 99, as the case may be, of Order-XXI CPC. Filing of independent suits is also prohibited in matters of this nature. A slightly different approach becomes necessary where the person in possession of the property claims the right under a separate agreement of sale. The agreement of sale by itself does not confer title upon such person. However, he would not have a right to take the plea under Section 53-A of the TP Act, whenever steps are initiated for recovery of possession against him, either by the original owner or any person claiming through him. It becomes highly doubtful whether the adjudication on the touchstone of Section 53-A of the TP Act can be undertaken in an application filed under Rule - 97 or 99 of Order-XXI CPC. Though from the point of view of the decree holder, it may be the controversy pertaining to execution of the decree, it would be evident that from the point of view of a third party, his rights are to be adjudicated vis--vis the person who executed the agreement of sale in his favour or anyone, claiming through him. The truth or otherwise of the agreement of sale needs to be examined. 10. Identity of the property is another question. Even before the suit for specific performance was filed, the appellant had initiated steps against the predecessor of the respondents. That, however, was not taken to the logical conclusion. In this scenario, the appellant could not have dispossessed the respondents. The lower appellate Court has taken the correct view of the matter and allowed the application.