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HIGH COURT OF GUJARAT
SANGEETA K. VISHEN, NRM
TRIVENIBEN BHALABHAI PATEL – Appellant
Versus
SHANTIBHAI MOTIBHAI PATEL – Respondent
ORDER :
(SANGEETA K. VISHEN, J.)
Learned advocate Mr.P.S. Datta has tendered the draft amendment. Amendment is allowed in terms of the draft and shall be carried out forthwith.
2. Mr.P.S. Datta, learned advocate for Mr.S.P. Majmudar, learned advocate for the applicant submitted that with respect to the lands in question, agreement to sell-cum-memorandum of understanding (hereinafter referred to as “the agreement”) has been executed in his favour. The applicant has agreed to purchase undivided share of the land in question on various terms and conditions and an amount of Rs.3.00 lakh towards earnest money was paid. It is further agreed that the applicant shall pay an amount of Rs.61.00 crore to the appellant No.2 within a period of 18 months from the date of clearance of the title. Hence, the right has been created in his favour and the applicant, shall be joined as a party respondent inasmuch as, the outcome of the captioned appeal, is likely to affect his right. It is next submitted that in connection with the agreement the applicant, has also filed a Special Civil Suit No.125 of 2022 seeking declaration and permanent injunction which, is pending consideration together with applicat
An agreement to sell does not create any interest in property; thus, a party claiming rights based on such an agreement cannot be joined in a partition suit without a legal interest.
The main legal point established in the judgment is that unregistered agreements to sell do not confer ownership rights in immovable property, and the validity of such agreements is determined by the....
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
An Agreement of Sale does not create any interest in the property, and the plaintiff has the discretion to decide the parties involved in the suit.
Court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff/appellant.
Only parties to a contract can be joined in a specific performance suit; others are neither necessary nor proper parties.
Addition of the proposed defendant would result into causing serious prejudice to the plaintiff and the substitution or the addition of a new cause of action would only widen the issue which requires....
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