PANKAJ PUROHIT
Ramesh Ram – Appellant
Versus
Vijay Bhusan Garg – Respondent
JUDGMENT :
Pankaj Purohit, J.
Petitioner-plaintiff has moved this Court by means of this petition under Article 227 of the Constitution of India challenging the order dated 08.11.2023, whereby the revision bearing Revision No.59 of 2022-2023, Ramesh Ram vs. Bacchi Ram & others under Section 333 of the U.P. Zamindari and Abolition and Land Reforms Act, 1950 (for short "the Act") has been rejected and the order passed by learned Assistant Collector, First Class dated 12.10.2022 was affirmed, whereby the application under Order 1 Rule 10 of CPC moved by respondent Nos.1 & 2 has been allowed.
2. Heard learned counsel for the parties.
3. A Revenue Suit No.22 of 2019 was instituted by the petitioner-plaintiff against his brothers-i.e. respondent Nos.3 & 4, in respect of the property of Village Danpur, Tehsil Rudrapur, District U.S. Nagar. In the said revenue suit, an application under Order 1 Rule 10 of CPC was filed by respondent Nos.1 & 2 on 21.03.2022 to implead as party respondent in the aforesaid revenue suit on the ground that the part of the subject matter in the revenue suit was agreed to be sold out to the respondent Nos.1 & 2 by respondent No.4- defendant and the date of agreemen
An agreement to sell does not confer rights for impleadment in legal proceedings; proper remedies must be pursued through a suit for specific performance.
Agreement to sell – Mere executing an agreement to sale would not create any right in favour of respondents.
The main legal point established in the judgment is the importance of preventing multiplicity of proceedings and ensuring the effective adjudication of all questions involved in a suit by allowing th....
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 validity of a cause of action for specific performance can arise even with pending conditions like partition, emphasizing the importance of the plaintiff's readiness to fulfill their financial ob....
A minor cannot seek partition of property post valid family partition among ancestors as it lacks legal foundation under Section 8 of the Hindu Succession Act.
A plaintiff must establish a clear cause of action in the plaint; if not, the suit can be dismissed under Order 7 Rule 11 of CPC.
An agreement to sell does not create property rights; it requires a registered sale deed for actual ownership transfer, affecting party additions in legal disputes.
Unregistered agreements do not confer rights in property; a valid title requires a registered sale deed under Section 54 of the Transfer of Property Act.
No right is created under agreement for sale in respect of schedule property, except right to seek specific performance of contract.
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