BIKAR SINGH Vs. KAPUR SINGH

JUDGEMENT

(1.) With the assistance rendered by the learned counsel for the parties, I have gone through the impugned order vide which the application under Order 1 Rule 10 CPC was declined.

(2.) The learned counsel appearing on behalf of the respondents submitted that the petitioners are basing their title on the basis of unregistered sale deed and in these circumstances no right, title or interest can be passed in favour of the petitioners. Otherwise also, they prima facie are not the owners of the property involved in a suit for partition. Therefore, neither they are necessary nor proper parties.

(3.) On the contrary, the learned counsel for the petitioners submitted that though the alleged sale deed is unregistered but the petitioners are in possession of the property as a matter of right.