REKHA SHARMA Vs. PARTAP SINGH RANGA AND ORS.

JUDGEMENT

(1.) Plaintiff Partap Singh Ranga and the husband of the petitioner S.C.Sharma are stated to be friends and are both lawyers. The petitioner states that there was an understanding between the two that Ranga would transfer all his interest in the suit property in favour of the petitioner, wife of S.C.Sharma, and would deal with litigation pending with respect to the 20th share of a member of The Gurgaon Scheduled Caste and Vimukt Jaties Cooperative Agriculture Thrift and Credit Society Limited, defendant No.6, to whom, the suit property was allotted by the Social Welfare Department in a scheme to house members of the Scheduled Caste and Vimukt Jaties. To this end, Partap Singh Ranga entered into an agreement to sell dated 23rd November, 2009 passing on membership rights in the society in favour of the petitioner. But the plaintiff and S.C. Sharma fell apart. It is alleged that Ranga and defendants No.8 to 10, Brahmjit, Krishan Kumar and Mukesh Kumar were in collusion with each other and the plaintiff sought to withdraw the suit to the prejudice of S.C.Sharma. Ranga instituted a suit in the trial Court at Rewari on 21st December, 2012. The subject matter of the suit was for declaration and permanent injunction against the order dated 14th February, 2011 passed by the Director, Welfare Department, (SC & ST), Haryana, Chandigarh whereby it was resolved to permit registration of sale deed by conveying suit property in the share of deceased Lekh Ram in favour of his wife Leelawati which was registered on 22nd February, 2011. Lekh Ram was the original member of the Society whose membership fell in dispute and litigation. Lekh Ram died on 28th November, 2000. This resulted from a civil suit filed in which was decreed and a declaration was given that Lekh Ram was the 20th original member of the Society with subsisting rights in property unit in the society land. Lekh Ram had appointed Ranga as his General Power of Attorney holder by executing a deed on 29th April, 1997 vide GPA dated 13th May, 1997. Thereafter, Lekh Ram entered into an agreement to sell his share to Ranga on 6th May, 1997. He assigned his membership in the society favour of Ranga. On Lekh Ram's death, Ranga made a representation to the Society defendant No.6 to substitute his name as a Member. The membership was not transferred. The share of property once transferred to Leelawati set her free to sell the property after the moratorium against sale expired on completion of 15 years from the date of the allotment of membership. Leelawati executed a sale deed in favour of defendants No.8 to 20 on 22nd February, 2011 for a valuable consideration of Rs. 36 lacs. Order dated 14th February, 2011 and the sale deed/s are under challenge in the suit filed by Ranga.

(2.) It is the case of the petitioner that she paid Rs. 90 lacs to Ranga at the time of entering into an agreement to sell with him on 23rd November, 2009.

(3.) It was, in these circumstances, that the plaintiff filed an application under Order 1 Rule 10 CPC in the pending suit for impleading her as an added-defendant or a co-plaintiff. Ranga refuted the agreement to sell and prayed that he may be permitted to withdraw the suit. The application has been dismissed by the learned Civil Judge (Senior Division), Rewari vide order dated 11th July, 2014.