ASHOK KUMAR VERMA Vs. NARMAN SINGH DHAKAD

JUDGEMENT

(1.) This miscellaneous petition under Article 227 of Constitution of India has been filed against the order dtd. 29/1/2025 passed by V th Civil Judge, Junior Division, Shivpuri in RCSA No.133/2024 by which an application under Order 1 Rule 10 CPC filed by Prem Adiwasi and Kushuma @ Kushum W/o Sukha Adiwasi has been allowed.

(2.) It is submitted by counsel for petitioners that petitioners had entered into an agreement to purchase the land in dispute from Luma W/o Soma Adiwasi, Sheela D/o Soma Adiwasi, Kushuma @ Kushum Adiwasi D/o Soma by executing an agreement to sell. It is the claim of petitioner that by virtue of said agreement to sell, they are in possession of the property in dispute. However, it is fairly conceded by counsel for petitioners that agreement to sell was never converted into a registered sale deed. It is the case of petitioners that since they are in possession of the property in dispute by virtue of agreement to sell, therefore, original defendants have no right or title to forcibly evict them or dispossess them and accordingly, a suit for permanent injunction was filed against the defendants thereby seeking a decree that defendants be permanently restrained from interfering with the peaceful possession of petitioners over Survey No.21 area 2.1000 hectare, Survey No.22 area 2.0900 hectare and Survey No.24 area 2.8200 hectare situated in Village Kalothra, Tahsil and District Shivpuri. An application under Order 1 Rule 10 CPC was filed by persons who had entered into an agreement to sell and by impugned order, application has been allowed.

(3.) Challenging the said application, it is submitted by counsel for petitioners that petitioners are the dominus litis and they have not claimed any relief against the persons from whom they had agreed to purchase the property, therefore, Court below should not have impleaded them as additional defendants.