Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
I.D.P.L.EMPLOYEES CO-OP.HOUSE BUILDING SOCIETY - Appellant
Versus
B.Rama Devi - Respondent
Decided On : 08-25-04
Civil Procedure Code, 1908 - Order XXII - Rule 10 and 16 – Section 151 – Civil Suit - Preliminary decree - Agricultural lands - Sale deeds - Suit for partition - Applicants contend that their assignors, Respondents 1 to 3, have acquired absolute and transferable rights in respect of the entire land and on assignment of such rights, they (the applicants) are entitled to be impleaded as defendants and that the assignments in their favour are to be capable of being recognized - They plead that recognition of assignment is necessary for taking further steps in the suit, be it passing of a final decree or delivery of possession - Applicants seek recognition of assignment of rights under preliminary decree - They filed applications under Rule 10 of Order XXII read with 151 c. P. C – Held, Scheme under Code of civil Procedure, it is difficult to discern that the immovable property can be recovered from persons other than the sharers on the strength of a decree in a partition suit - It is stated that the assignment is in relation to the corresponding undivided share of any party to the suit, or of particular sharer or sharers - The assignment cannot be recognized for more reasons than the one - Suit schedule does not contain the land in specific survey numbers of the villages and unless the preliminary decree is suitably amended, it is impermissible to bring into its fold, the lands in any definite survey numbers - There is no final decree, as yet, dividing the suit schedule properties by metes and bounds and allocating the lands said to have been assigned in favour of the assignes of the applicants. Thirdly, the deed of assignment is not in relation to an undivided share of the assignors - It is however, made clear that this order cannot be construed as upholding or otherwise pronouncing upon the rights of the respondents 6 and 7 – Applications dismissed.
( 1 ) IN all these applications, similar questions of fact and law are involved. Hence, they are disposed of through a common order. There are four sets of identical applications filed by individuals in some cases and groups in others. Each of them filed two applications, one with a prayer to implead them as defendants in C. S. No. 14 of 1958 and the other, to recognize the assignments of the decrees said to have been made in their favour, in respect of various extents of land in Survey No. 163 of Hydernagar, rangareddy District.
( 2 ) THE background, in which, the applications came to be made may briefly be stated as under:
( 3 ) INITIALLY C. S. No. 14 of 1958 was filed in the City Civil Court, Hyderabad for partition of the suit schedule properties. It related to vast extent of properties held by late Khursheed Jah. The estate is known as paigah, after his name. It was withdrawn to this Court. During the course of the trial of the same, majority of the parties filed applications to record the compromise entered into between them. A preliminary decree was passed on 28. 6. 1963.
( 4 ) SOME of the parties to the preliminary decree transferred their rights in respect of the agricultural lands in favour of h. E. H. the Nizam and one Mr. Nawab Kazim nawaj Jung. On the basis of these transfers, the purchasers got themselves impleaded as respondent Nos. 156 and 157. Defendant no. 156, transferred the property acquired by him under the sale deeds, in favour of m/s Cyrus Investments Limited, the first respondent herein. On the basis of the same, the first respondent got itself impleaded as defendant No. 206 through orders in application No. 82 of 1967.
( 5 ) THE applicants claim that the first respondent and the legal heirs of deceased defendant No. 157, being the Respondents 2 and 3 herein, have assigned the right, title and interest in respect of various extents of land in Survey No. 163 of Hyderanagar village, Balanagar Mandal, R. R. District through deeds of assignment dated 30. 3. 2004.
( 6 ) THE applicants contend that their assignors, Respondents 1 to 3, have acquired absolute and transferable rights in respect of the entire land admeasuring Ac. 175. 00 in survey No. 163 and on assignment of such rights, they (the applicants) are entitled to be impleaded as defendants and that the assignments in their favour are to be capable of being recognized. They plead that the recognition of assignment is necessary for taking further steps in the suit, be it passing of a final decree or delivery of possession.
( 7 ) TWO Societies, viz. , I. D. P. L. Employees Co-operative Housing Building society and Durgamatha House Building constructions Co-operative Housing Society filed applications to implead them as respondents in these applications. They have been impleaded as Respondents 6 and 7. In fact, they alone are resisting the applications. Respondents 6 and 7 are said to have been transferred by way of assignment, an extent of Ac. 50. 00 of land each by the first respondent and the other individuals who had right and interest in the same. The assignments made in their favour were recognized by this Court through orders dated 13. 5. 1987 passed in Application Nos. 215 to 220 of 1987. They contend that once the first respondent parted with its rights over the land in Survey No. 163, on account of the transfer/assignment, it is not open to them to make any further assignments in favour of the applicants.
( 8 ) SRI Vedula Venkata Ramana, learned Counsel for the applicants, submits that the first respondent acquired valuable rights from the transferee of majority of the parties to the decree and the present assignment made by them is capable of being recognized under Rule 16 of order XXI C. P. C. He contends that the plea raised by Respondents 6 and 7 is absolutely without any basis. According to him, the manner in which the so-called assignments were made and the circumstances under which the orders came to be passed in ap
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