JALALUDDIN & ORS. Vs. MOHD. SADEEQ & ORS.

JUDGEMENT

(1.) This petition is directed against order dated 1.5.15 of the Additional District Judge, Parbatsar, in Suit No.57/13, rejecting an application preferred by the petitioners for impleading them as party defendants in the suit.

(2.) The relevant facts are that a bapi patta of mine no.167 ad measuring 57'x42', situated at Chosira Pipliwali Range (Gunawati) of Makrana, was issued in favour of Deen Mohammad s/o Sadamulla and Ishaq & Gafoor, sons of Rahim Bux. The respondents no.1 to 10 herein, the plaintiffs, filed a suit for declaration and permanent injunction against the State of Rajasthan and its authorities of Department of Mines, seeking the relief in terms that they may be declared entitled for license to operate the mine no.167, measuring 38'x42', which is in possession of the plaintiffs and the defendants no.4 & 5 on the strength of the bapi rights and the official respondents be directed to issue the license in their favour. That apart, permanent injunction has been sought by the plaintiffs in terms that they may not be dispossessed from the mine in question and no obstruction be created in excavation of the mine. It has been specifically averred by the plaintiffs in the plaint that out of total mining area 57'x42', mining area measuring 19'x42' has already been purchased by them from the legal heirs of Deen Mohammed by way of registered sale deed and after declaration of their rights over the same by the competent court, they are in possession thereof. Suffice it to say that the suit preferred relates to the mining area measuring 38'x42' and no relief has been claimed by the plaintiffs in respect of mining area 19'x42' alleged to have been purchased by them from legal heirs of Deen Mohammed.

(3.) During the pendency of the suit, the petitioners herein, legal heirs of Deen Mohammed, preferred an application for impleading them as party defendants in the suit, stating that the suit seeking declaration has been filed by the plaintiffs with the averments that the share of Deen Mohammed has been purchased by them by way of registered sale deed whereas, the sale deed executed in their favour, being a forged document, is null and void. It was averred that claiming the right over the mining area measuring 28'6'' x 42' of mine no.167, the petitioners have filed a suit no.21/11 before the Additional District Judge, Parbatsar, wherein, the plaintiffs in the suit herein, are party defendants. That apart, it was averred that against the plaintiff no. 3 and others, applicant-Mohd. Yusuf has filed a complaint for offences under Sections 420, 467, 468 and 471 IPC in the court of Additional Chief Judicial Magistrate, Makrana wherein, after investigation, the police filed negative final report, which has been accepted by the court. The petitioners claimed that in view of the existence of dispute in respect of the sale deed referred to in the plaint and the pendency of the suit preferred by them before the court of competent jurisdiction, for the effective and complete adjudication of the issues, being necessary party, they deserve to be impleaded as party defendants in the suit, preferred by the respondents-plaintiffs.