ANIL KSHETARPAL, J(Oral)
1. By way of impugned order, the trial Court has permitted respondent No.1 to implead as a party in the pending suit, the correctness of such order is challenged by the plaintiffs in this revision petition.
2. In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed.
3. The plaintiffs filed suit against the defendants claiming that they have preferential right to occupy the suit land and purchase the property from the defendants on payment of sale consideration of Rs.32,00,000/-. Defendant No.1 contested the suit. During the pendency of the suit, injunction order was also passed directing the parties to maintain status quo, however, defendant No.1 executed sale agreement in favour of respondent No.1 Smt. Rekha Kumari on 11.09.2020. She received Rs.10,00,000/-
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through two different cheques. Subsequently, plaintiff and defendant No.1 colluded. They filed a settlement deed in the Civil Court with a prayer to dispose of the suit in terms of the settlement. Fortunately, respondent No.1 came to know of this development. She filed the application under Order I Rule 10 of the Code of Civil Procedure, 1908, which as already noticed, has been allowed.
4. The learned counsel representing the petitioners submits that the agreement to sell was entered into by defendant No.1 during the pendency of the suit and in violation of injunction order. She further submits that respondent No.1 has remedy against defendant No.1 but she cannot become party. She further submits that the agreement to sell does not create any right in favour of respondent No.1 and petitioner being dominus litis cannot be forced to litigate against respondent No.1.
5. Per contra, the learned counsel representing the respondent No.1 submits that the plaintiffs and defendants are attempting to deceive respondent No.1 as she has been made to part with Rs.10,00,000/-. He submits that there is no scope for interference in the impugned order.
6. This Court has considered the submissions of the learned counsel representing the parties.
7. It is correct that agreement to sell does not create any right, however, the agreement to sell does enable the agreement holder to sue for its specific performance. In this case, defendant No.1 has entered into an agreement to sell with respondent No.1 and received Rs.10,00,000/-. Thereafter, it was not appropriate for her to enter into a settlement in order to cheat/deceive respondent No.1. In these circumstances, it appears that plaintiff and respondent No.1 have colluded in order to deceive respondent
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No.1. In this situation, this Court does not find it appropriate to interfere with the order passed by the trial Court. Moreover, the plaintiffs are yet to establish their preferential rights.
8. Dismissed accordingly.
9. All the pending miscellaneous applications, if any, are also disposed of.
July 05th, 2024 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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