Dismissed

Smt. Kamla Devi v. Sunder Devi

Rajasthan HC1 Feb 2022SAW/394/2020

Case brief

AI extract

What is this about?

The High Court dismissed an appeal challenging the Single Judge's order admitting a subsequent purchaser as an impleaded party in a revenue suit. The Court held there was no ground for interference as the declaration of purchase without notice by the respondent could not be shown wrong.

What did the court decide?

The appeal was dismissed; the order of the Single Judge admitting the subsequent purchaser was affirmed.

Smt. Kamla Devi Vs Sunder Devi — Property and Title | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Spl. Appl. Writ No. 394/2020

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Smt. Kamla Devi W/o Late Shri Mohanram, Aged About 52 Years, By Caste Jat, Resident Of 180, Gayatri Nagar, Pal Road, Jodhpur.

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Yashpal Choudhary S/o Late Shri Mohanram, Aged About 27 Years, By Caste Jat, Resident Of 180, Gayatri Nagar, Pal Road, Jodhpur.

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Sachin Choudhary S/o Late Shri Mohanram, Aged About 25 Years, By Caste Jat, Resident Of 180, Gayatri Nagar, Pal Road, Jodhpur.

¶7

Manju Choudhary D/o Late Shri Mohanram, Aged About 29 Years, By Caste Jat, Resident Of 180, Gayatri Nagar, Pal Road, Jodhpur.

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Khusbu Choudhary D/o Late Shri Mohanram, Aged About 20 Years, By Caste Jat, Resident Of 180, Gayatri Nagar, Pal Road, Jodhpur.

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----Appellants

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Versus

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Sunder Devi W/o Late Shri Durgaram Ji, (Since Deceased) By Caste Jat, Resident Of Pal, Tehsil And District Jodhpur.

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Iydanji S/o Late Shri Durgaram Ji, By Caste Jat, Resident Of Pal, Tehsil And District Jodhpur.

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Gordhan Ram S/o Late Shri Durgaram Ji, By Caste Jat, Resident Of Pal, Tehsil And District Jodhpur.

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Aasha Ram S/o Shri Sohanraj Ji, By Caste Maheshwari Resident Of G-123, Shastri Nagar, Jodhpur.

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The State Of Raj., Through Tehsildar, Jodhpur. 6. The Jodhpur Development Authority, Jodhpur, Through Secretary, Jodhpur Development Authority, Jodhpur.

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Smt. Kamla Kankariya W/o Late Shri Lunkaran Kankariya, Resident Of 9 Hunuwant Nagar-M, Jodhpur (Order Dt. 21.08.2020)

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----Respondents

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For Appellant(s) : Mr. Sajjan Singh Rajpurohit through V.C. Mr. Vikram Sharma.

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

01/02/2022

(2 of 2)

[SAW-394/2020]

This appeal is directed against the judgment of the learned Single Judge dated 21.08.2020 passed on the application for impleadment made by the respondent No.7. The writ petition is filed by the present appellants and concerns regarding the dispute of revenue suit in relation to the property in question. The application was filed by the respondent No.7 for impleadment on the ground that she is the subsequent purchaser of the property without notice of the dispute. The learned Single Judge allowed the application upon which this appeal is filed.

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Having heard learned counsel for the parties and having perused the order of the learned Single Judge, we find no reason to interfere. The appellants are not in a position atleast as of now that the declaration made by the respondent No. 7, that she was purchaser of the property without notice of the disputes between the parties, was wrong. Learned counsel for the appellants-original petitioners however vehemently contended that a subsequent purchaser has no right of impleadment. He relied on the decisions of Supreme Court in the case of Sanjay Verma Vs. Manik Roy and others (AIR 2007 SCC 1332) and in the case of Gurmit Singh Bhatia Vs. Kiran Kant Robinson and others (Civil Appeal Nos. 5522-5523 of 2019 decided 17.07.2019). However, both these judgments pertain to pending civil suits for specific performance of agreement for sale. In the present case we are concerned with the revenue suit.

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The appeal is dismissed.

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(MADAN GOPAL VYAS),J

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(AKIL KURESHI),CJ

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10-jayesh/-

Smt. Kamla Devi v. Sunder Devi

Case brief

What is this about?

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Smt. Kamla Devi v. Sunder Devi

Case brief

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