M THOMAS Vs. JESSY JOHN THOMAS ALIAS ELIZABETH

JUDGEMENT

(1.) THE three petitioners herein are the petitioners in I.A.885/2008 in O.S. 180/06 on the file of the Sub Court, Kattappana. Respondents 1 to 3 are the plaintiffs in that suit. THE suit was filed by the plaintiffs seeking a declaration that they have perfected title by adverse possession and limitation. THE 4th respondent is the sole defendant in that suit. THE suit was laid in respect of 3.60 acres of land comprised in Sy.No.274/177 and 274/178 of Bison Valley Village formerly Rajakkat Village. It was alleged that the petitioners herein had entered into an agreement with the plaintiffs as per which the plaint schedule property was agreed to be sold for a total consideration of Rs.12 lakhs and that the entire amount was paid to the plaintiffs. It was stated that even prior to the agreement dated 14.2.2007, the petitioners herein were put in possession of the plaint schedule properties by the plaintiffs in that suit and such transfer of possession by them to the petitioners was in part performance of the contract as envisaged under S.53A of the T.P.Act. It was contended that the plaintiffs were not on cordial terms and so they apprehend that suit O.S. 180/06 will not be duly prosecuted against the defendant. THErefore, the petitioners having acquired right of possession of the suit property by the agreement referred to above, have to be impleaded as supplemental plaintiffs or in the alternative as supplemental defendants in that suit. Hence petition for impleadment was filed.

(2.) THIS application was opposed by the plaintiffs as well as by the defendant in that suit.

(3.) THE learned counsel for the petitioners and the respondents have been heard.