JAMILA KHATOON Vs. RAM NIWAS GUPTA

JUDGEMENT

(1.) The present impleadment application and the objection to the order of the Court below dated 08th May, 2003 have been filed by the subsequent purchasers of the property in dispute, namely, Smt. Seema Makkar, Smt. Geeta Goel, Smt. Laxmi Devi and Smt. Poonam, who are hereinafter referred to as the "applicants".

(2.) Heard Sri V.P. Varshney and Ms. Suman Jaiswal, learned counsel for the applicants in support of the aforesaid impleadment application and the objection filed by the applicants, and Sri A.P. Srivastava, learned counsel appearing for the plaintiff-respondent.

(3.) The essential facts, insofar as they are relevant for the purpose of the present impleadment application and objection, are that the plaintiff-respondent instituted an original suit in the Court of the Civil Judge, Saharanpur for specific performance of an agreement to sell dated 10th January, 1975. The said suit was registered as Original Suit No. 123 of 1978 (Sri Ram Niwas Gupta v. Smt. Jamila Khatoon). The defendant-appellant Smt. Jamila Khatoon, since deceased, was owner of the property in dispute, being Khasra No. 163, admeasuring about 825 square yard, situated at Pathanpura, Ahmad Bag, Saharanpur. The plaintiff-respondent's case was that an agreement to sell was executed on 10th January, 1975 by the defendant-appellant Smt. Jamila Khatoon in favour of the plaintiff-respondent to sell the aforesaid plot in dispute for a sale-consideration of Rs.31,350/-. Apart from the plaintiff, his four cousins Rajendra Kumar, Chandra Prakash, Devendra Kumar and Suresh Chandra were also shown to be beneficiaries of the said agreement. The plaintiff-respondent had advanced a sum of Rs.5000/- to the defendant-appellant. When the sale-deed was not executed in terms of the said agreement, the plaintiff-respondent instituted the above-mentioned suit, which came to be decreed vide judgment and decree dated 06th August, 1980 by the Ist Additional District & Sessions Judge, Saharanpur(Court below or trial Court).