AFLATOON Vs. SHYAM LAL AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dated 24.12.2004 vide which an application under Order 1 Rule 10 Code of Civil Procedure filed by one Shyam Lal son of Virsa Ram seeking his impleadment as a defendant stands allowed.

(2.) Learned counsel for the petitioner contends that he has filed a suit against the defendants who are the sons of his brother. The suit is for declaration to the effect that plaintiff is the owner in possession of the properties in dispute detailed in the plaint and the defendants have no right/title or interest in the suit properties. Further, it has been prayed that will dated 21.04.1998 and mutation No. 7702 sanctioned on the basis of the same are null and void and are not binding on the plaintiff. Consequently, the relief of permanent injunction restraining the defendants from alienating the suit property by sale, mortgage or lease etc. or from interfering with the peaceful possession of the property has also been claimed.

(3.) The applicant had filed an application on the ground that the defendants had entered into an agreement to sell the disputed land on 21.04.1998. Out of sale consideration of Rs. 7,15,700.00, an amount of Rs. 3,60,000.00was paid and physical possession of the property was delivered to the applicant.