TaxTMI 
TaxTMI 
2022 (9) TMI 1533
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.... Civil Judge (Senior Division), Yavatmal (hereinafter referred to as the "trial court") in Special Civil Suit No. 21 of 1985 filed by the appellant vide which the trial court had decreed the suit for specific performance filed by the present appellant. 2. The parties hereto are referred to in accordance with their status as before the trial court. 3. The plaintiff is a doctor who was working in a Government Hospital. The plaintiff was also in private practice. The plaintiff, for starting his private practice, took on rent a part of the house of the defendant. It is the case of the plaintiff that subsequently, the defendant was in financial need for his agricultural cultivation and household expenses and therefore, he suggested to the plaintiff that he should purchase the said part of the house which the plaintiff was occupying, together with an added portion. The plaintiff accepted the said suggestion and an agreement to sell was entered into on 24th July 1984. As per the terms of the said agreement to sell, the defendant agreed to sell and the plaintiff agreed to purchase the suit property for Rs.50,000/­. The plaintiff paid an amount of Rs.24,000/­ on the date of th....
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....ding of the High Court that the suit property belonged to the joint family of the defendant i.e., his wife and three sons, is untenable. He submitted that, in any case, the sale deed was for meeting the legal necessities of the family and as such, the High Court ought not to have interfered with the concurrent findings of fact. 8. Shri Chitnis further submitted that the trial court had held that, after partition, the house had come to the share of the defendant. He submitted that both the trial court and the Appellate Court have concurrently held that the transaction in question was for the payment of antecedent debt and as such, it was not necessary to join other members of the family or other co­owners or other coparceners as party defendants. He submitted that the concurrent findings ought not to have been interfered with by the High Court in second appeal. Relying on the judgment of this Court in the case of Kasturi v. Iyyamperumal and Others [(2005) 6 SCC 733] , he submitted that it is only the parties to a contract who are necessary parties. He further submitted that since the contract was between the plaintiff and the defendant, it was not at all necessary to implead ....
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....e Karta of the family. The family inter­alia owns residential premises within the limits of at Wani......" 12. The plaintiff has further averred in the plaint that in the month of July 1984, the defendant got into financial difficulties and that he had no money to carry on his large cultivation. The defendant also required money for his household expenses. It is further averred that besides this, the defendant also had to pay some debts as there was no prospect for the defendant to borrow money from the creditor. 13. It is the specific case of the defendant that initially, he had taken an amount of Rs.24,000/­ and thereafter, Rs.6,000/­ from the plaintiff by way of loan for his personal purposes. The defendant, in his written statement, has specifically stated that each of his sons are managing their own properties and the defendant was not required to look after their properties. The defendant has submitted that the other members of the family, i.e., his wife and sons had nothing to do with the amount borrowed by him from the plaintiff. The defendant has stated that the borrowed amount was spent by him for himself. The defendant has denied that the said transacti....
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....has no jurisdiction to implead him, against the wishes of the plaintiff. The fact that a person is likely to secure a right/interest in a suit property, after the suit is decided against the plaintiff, will not make such person a necessary party or a proper party to the suit for specific performance." 18. It could thus be seen that a "necessary party" is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. It has been held that if a "necessary party" is not impleaded, the suit itself is liable to be dismissed. 19. As already discussed hereinabove, the plaintiff himself has admitted in the plaint that the suit property is jointly owned by the defendant, his wife and three sons. A specific objection was also taken by the defendant in his written statement with regard to non­joinder of necessary parties. Since the suit property was jointly owned by the defendant along with his wife and three sons, an effective decree could not have been passed affecting the rights of the defendant's wife and three sons without impleading them. Even in spite of the defendant taking an objection in that regard, the plai....