The Rajasthan High Court dismissed a writ petition filed by subsequent purchasers of land who challenged an order sending an earlier sale deed to the Tehsildar for verification, noting that the original seller had already filed a revision against that order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13870 / 2017
----Petitioners
Versus
(2 of 3)
[CW-13870/2017]
----Respondents
For Petitioner(s) : Mr. Anand Sharma For Respondent(s) :
HON'BLE MR. JUSTICE M.N.BHANDARI
Order
05/09/2017
By this writ petition, a challenge is made to the order dated 28th June, 2017 passed on a revision petition preferred by the petitioners.
It is a case where petitioners purchased a land from Ajit Singh. The said land was subject matter of litigation pertaining to sale deed in favour of Ajit Singh. It was challenged thus sent for verification to the Tehsildar. The order for sending the case to the Tehsildar has been challenged by Ajit Singh by maintaining a revision petition. Many grounds have been taken therein and would be decided in the revision petition preferred by Ajit Singh.
The petitioner is subsequent purchaser of the land from Ajit Singh and his sale deed has not been questioned or subjected to verification. In view of the above, revision petition of the petitioners was dismissed as a revision petition has already been preferred by Ajit Singh against the order sending sale deed of Ajit Singh for verification. It is for the reason that whatever issues have been raised to question the order for sending sale deed for verification, Ajit Singh would be contesting it and can lead evidence to support his case.
Learned counsel submits that since land was subsequently purchased by the petitioners thus they are interested party to the
(3 of 3)
[CW-13870/2017]
litigation, hence, rightly maintained the revision petition.
Learned counsel was asked as to how petitioners can justify or prove execution of sale deed in favour of Ajit Singh because for it Ajit Singh and his sons alone can prove it. The challenge is not to the sale deed executed in favour of the petitioners. The petitioners could have joined the litigation of Ajit Singh but could not have independently maintained the revision petition to challenge the order in reference to sale deed executed in favour of Ajit Singh. Thus I do not find any illegality in the order to dismiss the revision petition of the present petitioners.
The writ petition is, accordingly, dismissed. It would however not preclude the petitioners to take appropriate remedy to pursue their cause, if necessity arises.
(MN BHANDARI) J.
FRBOHRA
1 issue framed by the court
Whether a subsequent purchaser of land can independently maintain a revision petition to challenge an order sending a prior sale deed for verification when the original seller has already preferred a
Vimla Devi Sharma
Shakuntla Sharma
Nirmla Devi Sharma
Shakuntla Garg
Nirmla Vashistha
Om Prakash
M.N. Bhandari
As recorded by the court registry
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