1978 (11) TMI 16

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....led a suit for possession by way of pre-emption against Rama Nand, defendant. During the pendency of the suit, Ranjit Singh made an application under s. 1, r. 10, read with s. 151 of the CPC, praying that he was the real purchaser of the property in dispute and that Rama Nand, defendant, was simply a benamidar and that he being a necessary party be impleaded in the suit. The application was contes....

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.... a party, with the result that the petition was admitted to hearing by a Division Bench and that is how we are seized of the matter. Mr. M. S. Liberhan, learned counsel for the petitioner, contended that, in view of the provisions of s. 281A of the Act, the real owner could not be impleaded as a party and that the learned trial court acted illegally and with material irregularity in allowing th....

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....t wealth furnished by the claimant under the Wealth-tax Act, 1957 (27 of 1957); or (c) notice in the prescribed form and containing the prescribed particulars in respect of the property has been given by the claimant to the Income-tax Officer....... " A bare perusal of the aforesaid provision goes to show that the same has no applicability to the facts of the case in hand. In view of the pro....

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....iew taken in Jagdish Khattar's case [1971] PLJ 242 does not lay down the correct law. The following observations of the learned judges, with which we are in respectful agreement, conclude the matter : " A pre-emptor will always file a suit against the ostensible owner but once the ostensible owner says that he is not the real owner then the proper course would be to implead the real owner and d....