K V JAYAPRAKASH Vs. RATHNAMMA

JUDGEMENT

(1.) THIS is a writ petition filed by the impleading applicant whose application U/o I rule 10(2) CPC was dismissed in a suit for partition.

(2.) THE plaintiffs have filed the suit for partition and separate possession of their legitimate share in the suit schedule property. The impleading applicant claims to have entered into an agreement of sale with defendants 5 to 8 by paying substantial amount and to have improved the property; he has also filed a suit for specific performance of the agreement of sale. Since there is a reference to the partition suit in the agreement, he filed an application for impleadment in the partition suit, in order to protect his interest. The said application was opposed and the trial Court after hearing both sides, dismissed the application observing that since the agreement of sale came into existence during the pendency of the proceedings, the agreement holder is neither a necessary nor a proper party to the suit for partition. Aggrieved by the said order, the present Writ Petition is filed.

(3.) IN all the aforesaid judgments, the person who wanted to be impleaded was a person claiming interest in the immoveable property under a sale deed. He was a transferee of the property during the pendency of the proceedings and therefore any order to be passed in the suit would naturally affect his interest and therefore it was held that the transferee of the property is a necessary and proper party in the suit.