TEJ KAUR Vs. JEET SINGH

JUDGEMENT

(1.) The petitioners filed this petition under Section 115, C.P.C. against the order dated 7-9-95 of the District Judge, Hanumangarh passed in Civil Suit No. 128/94 whereby the application filed by the petitioners in the above suit purporting to be under Order 1, Rule 10, C.P.C. was rejected.

(2.) Shorn of details the facts necessary for the disposal of this petition may be stated. 50 Bighas of land was allotted to four brothers Pala Singh, Lal Singh, Sarwan Singh and Arjun Singh sons of Deva Singh. Except Pala Singh all the other brothers expired without leaving any issue. Pala Singh, therefore, became the sole owner of the above land. After the death of Pala Singh the above agricultural land devolved on his heirs namely, Smt. Tej Kaur widow, Darshan Singh and Balwant Singh (sons), Chena and Manjeet Kaur (daughters) in equal shares of 10 bighas each. It is alleged that Darshan Singh and Balwant Singh began to alienate the said land without informing the other co-owners. Darshan Singh then executed an agreement of sale for 7 bighas of land in Stone No. 108/331, killa Nos. 5, 6, 15, 16, 27, 24 and 25 in favour of Akhtiyar Singh for which a suit for specific performance of contract was filed and decreed in favour of Akhtiyar Singh. Darshan Singh again executed another agreement of sale in favour of Jeet Singh and Balbir Singh for the sale of 11 bighas of the above land. A suit for specific performance of contract was also filed in respect of this agreement.

(3.) Since the petitioners are the co-owners in respect of the above land, they moved an application under Order 1, Rule 10, C.P.C. for being impleaded as defendants in the above suit. The learned trial Court after hearing both the parties dismissed the above application.