CHONGTHAM DALJIT SINGH Vs. MAIBAM JOYKISHORE SINGH

JUDGEMENT

(1.) This Revision is directed against the order dated 11.6.2009 passed by the learned Civil Judge, Jr. Division-I Manipur East holding that defendants- 7,8 ad 9 in the suit are not necessary parties and consequently suit is not maintainable against them.

(2.) The petitioner is the plaintiff in the suit. The suit has been filed for specific performance of contract. The plaintiff petitioner's case is that on 26.1.2004 the plaintiff and defendant No.1(power of attorney holder of defendant-2 to 6) entered into an Agreement to sell a portion of land belonging to defendant Nos- 2 to 6 in favour of the plaintiff for a sum of Rs.3 lakhs out of which the plaintiff petitioner had paid Rs.2,50,000/- to defendant No.1. The land in dispute is described in schedule-A and portion agreed to be sold is described in Schedule-B of the plaint.

(3.) The Schedule-A land originally belonged to one Surendranath Ghosh who died leaving behind his wife(since deceased) and 6 sons. Out of the 6 sons, defendant No.8 is one. The said defendant No.8, on 25.6.1976, sold 1.460 Sq ft of land from out of which his share to the father of the defendant No.7 under a regd. Sale Deed dt. 19.11.1976. There was a partition decree among the 6 brothers in title suit No.69 of 1984 and each brother got 1/7 share. The defendant No.8 is alleged to have entered his name in the portion of land under New patta to an extent of 0.024 hectre covered by new Dag No.17/235 out of the suit land and it is further alleged that the defendant No.8 sold 800 sq ft in favour of Maibam Joykishan under a registered sale deed.