THE HONOURABLE SMT JUSTICE K. SUJANA CIVIL REVISION PETITION No.1153 OF 2022

ORDER

The present revision petition is filed being aggrieved by the docket order dated 11.03.2022 passed in I.A.No.151 of 2019 in O.S.No.39 of 2015 on the file of the Special Judge for Trial of Cases under SCs/STs (POA) Act cum V Additional District and Sessions Judge, Adilabad.

2. The brief facts of the case are that the respondent Nos.1 and 2 herein filed suit for specific performance of contract for execution of registered sale deed and delivery of possession of suit schedule property comprising of land to an extent of Acs.22.00 guntas, situated in Survey No.72/23 (new) [Survey No.72 (old)] of Bhattisawargoan Village, Adilabad District. In the said suit, the petitioners herein filed I.A.No.151 of 2019 under Order I Rule 10 of Civil Procedure Code (for short ‘C.P.C’) praying to implead them as defendant Nos.8 to 15 in O.S.No.39 of 2015.

3. After hearing both sides, the trial Court dismissed the said implead petition vide order dated 11.03.2022 passed in I.A.No.151 of 2019 in O.S.No.39 of 2015. Aggrieved thereby, the present revision petition is filed by proposed defendant Nos.8 to 15.

4. Heard Sri T.P.Acharya, learned counsel for petitioners/proposed defendant Nos.8 to 15, and Sri P.Sasidhar Reddy, learned counsel appearing for respondents.

5. Learned counsel for petitioners narrated the chronological history of the case stating that in the year 1953 the suit schedule property was assigned to Sri Syed Pasha vide certificate No.37 dated 26.01.1953 who was blessed with two sons by names, Syed Hameed and Syed Mahmood Shah. The petitioners herein are the legal heirs of Late Syed Hameed i.e., elder son of Syed Pasha and the respondent Nos.3 to 9 are legal heirs of Late Syed Mahmood Shah i.e., younger son of Syed Pasha. That being so, learned counsel for petitioners contended that the petitioners herein being legal heirs of late Syed Hameed who pre-deceased his father late Syed Pasha who was the owner of suit schedule property, they are entitled for their share of Acs.11.00 guntas of land out of the total Acs.22.00 guntas of suit schedule property. As such, the petitioners herein are necessary and proper parties to O.S.No.39 of 2015.

6. Learned counsel for petitioners further contended that the respondent Nos.3 to 9 herein who are legal heirs of late Syed Mahmood Shah (younger son of late Syed Pasha) have no right to enter into an Agreement of Sale in respect of suit schedule land admeasuring Acs.22.00 guntas, as the petitioners herein are entitled for half share of Acs.11.00 guntas of land in the suit schedule property. Therefore, prayed this Court to allow the revision petition, setting aside the order dated 11.03.2022 passed in I.A.No.151 of 2019 in O.S.No.39 of 2015.

7. Per contra, learned counsel for respondents submitted that the father of petitioners herein i.e., Syed Hameed died on 25.10.1979 and the grandfather of petitioners herein i.e., Syed Pasha died in the year 1984, thereby, the father of petitioners herein predeceased his father. In addition, he contended that as per Section 53 Chapter VI of Mulla Principles of Mohammed Law, the heirs of predeceased sons are not having any right over the property of grandfather, in other words, as on the date of death of owner/ancestor, his son should be alive and as the father of petitioners died before his father i.e., the grandfather of petitioners, the petitioners have no right over the suit schedule property. Therefore, prayed this Court to dismiss the revision petition as the trial Court has rightly dismissed the petition filed by petitioners seeking to implead them as defendant Nos.8 to 15.

8. Having regard to the rival submissions made and on going through the record, it is noted that the grievance of petitioners herein is limited to the extent that though the suit property was assigned to their late grandfather – Syed Pasha and after his death, though they are liable to get their share in the property, w