ORDER : 1. Special leave granted. After hearing counsel on both sides and perusing the material before us we are convinced that the decree for specific performance granted by the court in Suit No. 240 of 1990 cannot be sustained. We have come to this conclusion in view of pendency of the earlier suit i.e. Suit No. 8 of 1984 filed by Dhirendra Nath Bhowmick and his wife for a declaration that the transfer of controlling interest of shares in the petitioner company was not valid and prayed for a declaration that the said Dhirendra Nath Bhowmick has all the legal and equitable right, title and interest in respect of the said Dharanipur Tea Estate and for restoration of possession. 2. In fairness that suit and the present suit for specific performance ought to have been tried together. The suit for specific performance could not have been decreed by consent without determining the legal title to and factum of possession of the suit property. The title and possession could not have been decided without impleading the petitioner as a party to the suit. It is strange that a Receiver was appointed to take possession of the property with the help of the police. 3. We set aside the decree for specific performance made in Suit No. 240 of 1990 and request the High Court to try Suit No. 8 of 1984 and Suit No. 240 of 1990 together. We also set aside the order appointing the Receiver. The Receiver is directed to deliver back the possession of the property forthwith to the petitioner, New Red Bank Tea Company Pvt. Ltd. 4. We are told that the petitioner has not filed the written statement in OS No. 8 of 1984. It is directed that it must file the written statement within four weeks from the date of furnishing a copy of the plaint. 5. The High Court may dispose of the suits as expeditiously as possible. Liberty is reserved to the parties to move the High Court for any interim relief. 6. We are told that pursuant to the decree for specific performance, the sale deed has already been executed and registered. Needless to state that since we have set aside the decree for specific performance, automatically the sale deed stands cancelled. 7. No costs.