Purchasers of property in a partition suit may seek impleadment to assert equity; Section 52 of Transfer of Property Act permits their inclusion in ongoing litigation for effective adjudication.

JUDGMENT :

(Sanjay Kumar Dwivedi, J.)

Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party Nos.1 to 4 and opposite party No.5 is said to be proforma opposite party.

2. This petition has been filed under Article 227 of the Constitution of India wherein prayer is made for setting aside the order dated 29.06.2024 passed by learned Sub Judge-II-cum-Land Acquisition Judge, Ranchi in M.C.A. Case No.227 of 2024 arising out of M.C.A. No.850 of 2019 in Original Partition Suit No.193 of 2013 whereby the petition filed under provision of Order 1 Rule 10 and Order 12 Rule 10 of the Code of Civil Procedure by the petitioners for impleading has been rejected by the learned Court.

3. Mr. Rahul Kumar Gupta, learned counsel appearing for the petitioners submits that one Ramlakhan Sahu had transferred the properties which subsequently transpired that is part of the said property in Original Partition Suit No.193 of 2013. The properties purchased by the petitioners herein from said Ram Lakhan Sahu relates to 7.5 decimal of Plot No.175 under Khata No.129 at Mauja Bukru, P.S. No.54, P.S. – Kanke, District – Ranchi through registered sale deed vide Deed No.4186/3745 dated 20.06.2013 and thereafter the petitioner No.1 is in khas possession over her purchased property. Petitioner No.2 namely Birendra Kumar Mahto got the land measuring in area 6 decimal of Plot No.175 under Khata No.129 at Mauja Bukru, P.S. No.54, P.S. – Kanke, District – Ranchi through registered sale deed vide Deed No.6780/5451 dated 01.09.2014 and after purchase he is in khas possession over his purchased property. Petitioner No.3 namely Sushila Singh got the land measuring in area 25 decimals of Plot No.175 under Khata No.129 at Mauja Bukru, P.S. No.54, P.S. – Kanke, District – Ranchi through registered sale deed vide Deed No.5590/5021 dated 17.08.2013 and after purchase she is in khas possession over her purchased property. Petitioner No.4 namely Parmila Singh got the land measuring in area 5 decimal of Plot No.175 under Khata No.129 at Mauja Bukru, P.S. No.54, P.S. – Kanke, District – Ranchi through registered sale deed vide Deed No.5591/2022 dated 17.08.2013 and after purchase she is in khas possession over her purchased property. Petitioner No.5 namely Bachu Choudhary got the land measuring in area 6 decimal of Plot No.175 under Khata No.129 at Mauja Bukru, P.S. No.54, P.S. – Kanke, District – Ranchi through registered sale deed vide Deed No.4187/3746 dated 20.06.2013 and after purchase he is in khas possession over his purchased property. Petitioner no.6 namely Inderjeet Choudhary got the land measuring in area 4 decimal of Plot No.175 under khata No.129 at Mauja Bukru, P.S. No.54, P.S. – Kanke, District – Ranchi through registered sale deed vide Deed No.4188/3747 dated 20.06.2013 and after purchase he is in khas possession over his purchased property.

4. Mr. Rahul Kumar Gupta, learned counsel appearing for the petitioners further submits that the purchase was in full knowledge of the opposite party Nos.1 to 4 herein, however, despite such knowledge, opposite party Nos.1 to 4 never informed the petitioners herein that they also had a claim over the properties or that the properties purchased by the petitioners herein were part of the joint family properties of the opposite parties. He submits that this has come to the knowledge recently to the petitioners and in view of t