INDER VIKRAM SINGH Vs. DR. HARINDER PAL SINGH

JUDGEMENT

(1.) THE challenge in the present revision petition is the be order passed by the learned trial Court dated 27.1.2005 whereby an application filed by the petitioner for his impleadment in the suit as defendant was declined.

(2.) THE brief facts out of which the present revision petition arises, are that the plaintiff -respondent has allegedly purchased the share of one Narinder Singh Achreja in pursuance of agreement of sale dated 6.11.1995 for a total sum of Rs. 15 lacs. A sum of Rs. 2 lacs was allegedly paid as earnest money on 26.8.1995 and balance Rs. 13 lacs was paid vide two separate demand drafts dated 9.10.1995 and 11.11.1995. It is the case of the plaintiff that he was put in actual physical possession of the house, as detailed in the heading of the plaint, which was in possession of his vendor. It is also not disputed that the sale deed in pursuance of the agreement of sale has not been executed, but the documents like power of attorney, Will etc. have been executed by Narinder Singh Achreja in favour of the plaintiff. It is also pointed out that the Central Bureau of Investigation had sealed the house on 3.2.1998. Thus, the plaintiff claims possession of part of the House No. 311, Sector 9 -D, Chandigarh as described in the head note of the plaint.

(3.) LEARNED Counsel for the petitioner has vehemently argued that the suit is for possession on the basis of title, therefore, the question of ownership is required to be examined in the present suit and that since the petitioner is also claiming himself to be owner of a part of the suit property in possession thereof, the petitioner is not only proper part;' but a necessary party. It is also stated that though the suit for declaration filed by the petitioner claiming property in dispute as joint Hindu Family co -parcenary property, has been dismissed by the learned trial Court as well as by the learned first Appellate Court, but the matter is pending in second appeal before this Court and, therefore, the petitioner is required to be impleaded as party in the suit. On the other hand, learned Counsel for the respondent has vehemently argued that the entire claim of the petitioner is based upon the fact that the property in dispute is a joint Hindu Family co -parcenary property and such claim having been negated in a separate suit filed by the petitioner, therefore, the petitioner cannot seek impleadment in the present suit. It is also pointed out that another suit filed by the petitioner under Section 441 of the Transfer of Properties Act, so as to avoid the transaction of sale is pending, therefore, the petitioner cannot be permitted to -agitate the same issue in the present suit which is based on title of Narinder Singh Achareja in the suit property.