R C SARADA Vs. PHOOLCHAND SONI

JUDGEMENT

(1.) In these revisions, the orders of the V Additional Judge, City Civil Court, Hyderabad in I. A. No. 916/1979 and I. A. No. 962/1978 in O. S, No. 589/77 are assailed,

(2.) The suit was filed by the petitioner herein for specific performance of an agreement of sale executed by the 2nd respondent who is the defendant in the suit and for possession of the ground floor of the building. The defendant put the plaintiff in possession of the first floor in pursuance of the agreement of sale. Phoolchand Soni (1st respondent in C. R. P. No. 983/80) the biother of the defendant filed I. A. No. 916/79 praying that he should be impleaded as party on the ground that the party belonged to the joint family and he has got equal share with the defendant in the property as member of the joint family. Smt. Kami Bai (1st respondent in G. R. P. No. 984/80) the lister of the defendant also filed I. A. No. 962/78 praying that she should be impleaded in the suit on the ground that the property belonged to their father and she is entitled to l/6th share. The learned Additional Judge allowed both the petitions holding that the parties sought to be impleaded have interest in the property which is the subject-matter of the suit. Aggrieved with the said orders in I. A. Nos 916 of 19 79, and 962 of 1978, the plaintiff preferred these two revisions.

(3.) Sri. Sarathi, the learaed counsel for the petitioner-plaintiff contends that he filed the suit for specific performance on the foot of an agreement of sale to which the plaintiff and the defendant are parties and the suit will be decreed on the basis of the terms of the agreement against the defendant only and hence the proposed parties are not necessary or proper parties and they need not be impleaded. In support of his contention, he relied upon the decisions of Madras High Court in Palanisamy vs Komara Chettlar, Andhra Pradesh High Court in M. A. H. Khan vs. A. M. Khadri, Bombay High Court, in E. Ajay Kumar Vs. Tulasibai and the Gujarat High Court, in Rasiklal vs. Natverlal