ABDUL JALEEL Vs. AISHABI

JUDGEMENT

(1.) These revision petitions are filed against the common order dated 11-03-1987 made in O.S. 172 of 1986 by the Civil Judge, Gulbarga on I.As. 2 and 3, allowing the application of the respondents for impleading them as party-defendants to the suit.

(2.) Brief facts of the case are these : The petitioners are the plaintiffs in the trial Court. They filed a suit for specific performance of the contract to sell against respondent-1, who is defendant No. 1 in the trial Court. The lst respondent executed an agreement to sell and that was sought to be enforced in O.S, 172 of 1986 before the trial Court. In fact, the lst respondent has consented for a decree though there was a contest in the initial stage. At that stage respondents filed applications I.As. 2 and 3 under Order 1, Rule 10, C.P.C. claiming title to the property in question. In the said applications it is stated by the respondents that they are Chairman and Muthavalli of the District Wakf Committee, Gulbarga, and they should be impleaded as parties in the suit. It is stated that the suit property is a wakf property and they are entitled to manage the same. 2A. It may be stated that the defendant was the owner of the suit property and she made over the suit property by a registered deed of wakf dated 7-11-1967 for religious and charitable purpose and under the said deed she appointed one M. A. Hakeem of Thimmapur as Muthavalli. Further, it is the case of the respondents that the suit property was registered with Wakf Committee, Gulbarga, and wakf was also issued on 20-9-1975. Since it is a wakf property any decree passed in the suit would affect the respondents' right to the property. Further, they prayed in their applications that they are proper and necessary parties and, therefore, they should be impleaded.

(3.) The petitioners resisted the application and filed their objections stating that the present suit is for specific performance. The 1st defendant is the absolute owner of the suit property. After perusing all the records the petitioners entered into an agreement of sale with the defendants and they paid considerable amount to the defendant. The applicants are the third parties and they should not be impleaded for it would cause irreparable loss and injury to the petitioners.