An agreement to sell does not confer any title upon the purchaser, and the presence of a registered sale deed is necessary to acquire interest in the property.

JUDGMENT

1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 10.03.2022 passed by learned Additional District Judge No.2, Jaipur Metropolitan-II in Civil Suit No.90/2021 (430/2021) whereby, an application filed by the applicant under Order 1 Rule 10 read with Section 151 CPC, has been dismissed.

2. The facts in brief are that the respondents no.1 and 2/plaintiffs filed a suit of partition and permanent injunction against the respondents no.3 to 6/defendants. During its pendency, the petitioner/applicant filed an application under Order 1 Rule 10 CPC stating therein that he has purchased a part of the subject property from the defendant no.4 through an agreement to sell dated 21.10.2020, a will and a power of attorney and hence, has an interest in the property. The application has been dismissed by learned trial Court vide its order dated 10.03.2022, which is subject matter of challenge.

3. Learned counsel for the petitioner submitted that since, he is a purchaser of a part of property, his presence is necessary for just and effective disposal of controversy involved in the suit and the learned trial Court erred in dismissing his application. He, in support of his submissions, relies upon a judgment of Hon'ble High Court of Delhi in case of Saurabh Buildcom Pvt.Ltd v. Aster Technologies Pvt. Ltd. & Ors.: MANU/DE/6151/2012.

4. Heard. Considered.

5. The learned trial Court has dismissed the application on the premise that in absence of registered sale deed in favour of the petitioner, he did not acquire any interest in the property. It has been held that mere an agreement to sell or a will or a power of attorney does not create title qua the subject land in favour of the petitioner. The application filed by him has also been dismissed on the premise that the plaintiffs being 'dominus litus', cannot be compelled to litigate against a person not of their choice. Learned counsel for the petitioner could not satisfy this Court that the aforesaid findings of the learned trial Court suffer from any perversity or illegality. It is a well established legal principle that an agreement to sell does not confer any title upon the purchaser. Reference may be made to a judgment of the Hon'ble Apex Court of India in case of Suraj Lamp Industries Pvt. Ltd. v. State of Haryana & Anr.: MANU/SC/1222/2011.

6. The judgment of the Hon'ble Delhi High Court in case of Saurabh Buildcom Pvt. Ltd.(supra) is of no help to the petitioner in view of the aforesaid legal position as also the same having been rendered in different facts and circumstances.

7. Resultantly, this writ petition is dismissed being devoid of merit.