E AJAY KUMAR Vs. TULSABAI

JUDGEMENT

(1.) THIS is a plaintiff's revision questioning the validity and propriety of the order made by the Joint Civil Judge, Senior Division, Nagpur under Exhibit 26, by which the learned Judge allowed that application of a stranger to this suit to be impleaded as a co-defendant against the will of the plaintiff.

(2.) THE plaintiff sued on the allegations that on May 8, 1971, defendant agreed to sell agricultural lands for consideration fixed at the fixed at the rate of Rs. 2,300/- per acre. Plaintiff was put in possession after Rs. 10,000/- out of the consideration were paid to the defendant. Some other agreement of June 5, 1971, is pleaded by the plaintiff, calling it to be an additional agreement. It is further alleged that the plaintiff served a notice for the purpose of completing the transaction but by a reply dated January 10, 1972, the defendant has denied the terms and conditions stated in the agreement as per paragraph 3 of the plaint. The plaintiff has pleaded the further course of events and alleged that it is defendant who is resiling from the contract and is not executing the sale-deed in favour of the plaintiff, though he is willing to complete the transaction. Some proceedings under Order 39, Rule 1, Civil P. C. also appear to have been taken. The defendant appears to have filed written statement and is opposing the claim of the plaintiff as laid.

(3.) HOWEVER, non-applicant No. 2 here, one Nandlal, filed an application in this suit on September 2, 1972, which was taken as Exhibit 26. He alleged that he has interest in the property and Tulsabai, i. e. the defendant, was incompetent to enter into an agreement of sale in favour of the plaintiff. he further submitted that he is a necessary party in this suit.