RAFIQA Vs. HABIBULLAH BHAT

JUDGEMENT

(1.) This revision is directed against the order dated 31-10-2006 passed by learned 1st, Additional District Judge, Srinagar, in a suit titled Habibullah Bhat v. Abdul Gaffar Sofi dismissing the application of the petitioners-applicant for impleadment to the suit.

(2.) Plaintiff, Habibullah Bhat respondent No. 1 herein filed a suit for specific performance of contract and decree of possession against the defendants-respondents 2 to 4 with the averments as contained in the plaint that defendants executed an agreement to sell, agreeing to sell his property for a consideration of Rs. 9 lacs, out of which Rs. 8 lacs had been paid to the defendants and Rs. 1 lac was to be paid later on. The plaintiff requested the defendants to execute a sale deed in terms of the stipulations contained in the agreement to sell, but defendants desisted though plaintiff was/is ready and willing to perform his part of the contract and he had also performed his part of contract by making payment to the tune of Rs. 8 lacs to the defendants and only Rs. one lac is to be paid. The defendants are bound to perform the contract. It is also pleaded that at the time of execution of the agreement plaintiff came in possession of the house excepting two rooms, the possession whereof is also sought.

(3.) The suit came to be resisted by the defendants 2 and 3 i.e. Ghulam Rasool Sofi and Mst. Azizi but Abdul Gaffar Sofi in terms of his written statement has virtually admitted the claim of the plaintiff. During the pendency of the suit, petitioners herein filed application for impleadment on the ground that they are co-sharers and are in possession of the suit property and have thus asserted that they are necessary parties and the judgment will adversely affect their rights and will also cause prejudice to them.