MAHADEV Vs. ANAND

JUDGEMENT

(1.) The top noted writ petition is filed by the petitioner questioning the order passed by the Court below on I.A.No.II filed under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, requesting the Court to come on record as defendant No.3 in the suit.

(2.) The petitioner is asserting right over the suit schedule property bearing Sy.No.47 on the basis of an agreement for sale executed by defendant No.1 on 20.11.2018. The petitioner in support of his contention specifically averred in the affidavit that the 1 s t defendant has agreed to sell the suit schedule land for family and legal necessities and accordingly he has entered into an agreement agreeing to sell an area measuring 2 acres 3 guntas for valuable sale consideration of Rs.9,00,000/-. The petitioner has also averred in paragraph No.4 of the affidavit that the 1st defendant has received an amount of Rs.8,00,000/- as part consideration.

(3.) The apprehension of the petitioner is that the plaintiffs and defendant No.1 in collusion have filed the suit for partition and separate possession. In this background, he contends that he is the necessary party and if he is not permitted to come on record his valuable rights will be affected.