Kamla Devi And Others vs Sunder Devi And Others

This appeal is directed against the judgment of the learned Single Judge dated 21.08.2020 passed on the application for impleadment made by the

respondent No.7. The writ petition is filed by the present appellants and concerns regarding the dispute of revenue suit in relation to the property in

question. The application was filed by the respondent No.7 for impleadment on the ground that she is the subsequent purchaser of the property without

notice of the dispute. The learned Single Judge allowed the application upon which this appeal is filed.

Having heard learned counsel for the parties and having perused the order of the learned Single Judge, we find no reason to interfere. The appellants

are not in a position atleast as of now that the declaration made by the respondent No. 7, that she was purchaser of the property without notice of the

disputes between the parties, was wrong. Learned counsel for the appellants-original petitioners however vehemently contended that a subsequent

purchaser has no right of impleadment. He relied on the decisions of Supreme Court in the case of Sanjay Verma Vs. Manik Roy and others (AIR

2007 SCC 1332) and in the case of Gurmit Singh Bhatia Vs. Kiran Kant Robinson and others (Civil Appeal Nos. 5522-5523 of 2019 decided

17.07.2019).

However, both these judgments pertain to pending civil suits for specific performance of agreement for sale. In the present case we are concerned

with the revenue suit.

The appeal is dismissed.