SHAIK HUSSAIN Vs. BASHEER KHAN

JUDGEMENT

(1.) THE 1st respondent/plaintiff filed suit against the petitioners/defendants. THE suit, after trial, having been dismissed, the plaintiff has filed first appeal. THE appellant filed I.A.3, under Order 1, Rule 10(2), CPC to permit him to implead the proposed respondent as defendant No.3. THE petitioners and the proposed respondent filed objections to I.A.3. THE appellate Court has allowed the impleading of the 2nd respondent, as defendant No.3. Aggrieved, the defendants have filed this writ petition.

(2.) SRI Rajeswara P.N., Learned Advocate, appearing for the petitioners contended as follows:

(3.) PARTIES to the lis are related to each other. The petitioners are husband and wife. The 2nd petitioner is the sister of plaintiff. The 2nd respondent is the elder brother of the plaintiff. The suit property belongs to the petitioners. According to the plaintiff, the defendants constituted the 2nd respondent as their GPA holder by executing and registering a deed of GPA dated 10.12.1996, in pursuance of which, the 2nd respondent executed the agreement of sale dated 14.03.2004, in his favour, agreeing to sell the suit property and received Rs. 3,30,000/- as advance, out of the agreed sale consideration amount of Rs.3,50,000/-. Contending that, he has been ready and willing to perform his part of the contract and that, the defendants in order to escape from the contractual obligation, revoked the GPA executed in favour of S.Nazeer Khan, under deed of revocation dated 18.10.2005, having got issued a notice dated 07.11.2005, demanding specific performance of the contract, the suit for specific performance of the contract was filed.