Specific Relief Act, 1963–Sec. 12–Rajasthan Tenancy Act, 1955–Sec. 53–T executed the agreement of sale of his share of the unpartitioned land–Thereafter, the suit for partition was filed–During the pendency of suit for partition, the suit for specific performance of agreement of sale was decreed–Whether the decree of specific performance can be held to be not executable in grab of the fact that the suit for partition is pending between the coparceners ?–Held, no–Moreover, the purchaser is the party in the suit for partition–Further, the agreement of sale was executed prior to filing the suit for partition–Direction for registration of sale deed is perfectly legal, but the permission of construction could not have been granted in absence of the identified shares of all coparceners and cannot be granted until the partition is directed by metes and bounds.
