SHABBIR MOHD Vs. SYED EJAZ AHMAD

JUDGEMENT

(1.) THE sole question in this writ petition is whether the petitioners who have purchased the land in dispute of Aarazi No.229/1 area 1 Bigha, 2 Biswa 12 Biswansi situate in Village Sachchauua, Pargana, Tehsil and District Bareilly from respondents No.3 & 4 vide registered sale deed dated 3.3.2000, during the pendency of Original Suit No.698 of 1989, for specific performance of an agreement to sell dated 3.2.1988, are entitled to be impleaded as the defendants or not.

(2.) BRIEFLY the facts are that the respondent no.1 had instituted Original Suit No.698 of 1989, for a decree of specific performance of an agreement to sell dated 3.2.1988 in respect of the above land with the alternative relief of return of earnest money with interest against respondents no.2, 3 and 4. where respondent no.2 was subsequently transposed as plaintiff. The suit is being contested by respondents no.3 and 4, who have filed their written statement asserting that the respondent no.1 was not in position to pay the balance amount and, the time for executing the sale deed stipulated under the agreement had expired, therefore, the suit is not liable to be decreed.

(3.) THE petitioners on 1.4.2008 moved an application Paper No.206 -Ga for their impleadment alleging that they have purchased the land from respondents no.3 and 4 vide registered sale deed dated 3.3.2000 and that they are necessary and proper party to the suit. On objection by the respondents on the aforesaid application, the court of first instance vide order dated 3.5.2008 rejected the above application with the finding that the petitioners had the knowledge of the suit at least since 2001 and the application for impleadment is being filed belatedly in the year 2008. Secondly, that the petitioners have purchased the suit land during the pendency of the suit for specific performance without the leave of the court and the sale deed is hit by Section 52 of the Transfer of Property Act. The petitioners preferred a revision and the same has been dismissed by the District Judge on 27.5.2008.