Non-Alienating Joint Family Members Can’t Contest Specific Performance Suit Even If Property Is Ancestral: Karnataka HC
The Karnataka High Court ruled that non-alienating members of a joint family lack the standing to contest a suit for specific performance even if the property in question is ancestral.
The Court was hearing a Writ Petition filed by the aggrieved petitioners seeking issuance of a Writ of Certiorari to quash the Trial Court order.
The bench of Justice Sachin Shankar Magadum observed, “Even if the property which is the subject matter of the agreement to sell is the ancestral property, non-alienating members of a joint family have no locus to contest the suit for specific performance.”
Brief Facts-
Plaintiff Rasheedabanu and Vaheeda filed a suit for the specific performance of a contract based on an agreement to sell involving defendants Ashpakaahamad and others. The petitioners, daughters and sisters of respective defendants, argue that the property in question is joint family ancestral property. They sought to join the proceedings but their application was denied by the impugned order.
The Court said that it is a trite law that in a suit for specific performance, necessary parties are only the parties to the contract.
The Court said that the non-alienating members of a joint family are not necessary parties and their presence is not at all required for effective and complete adjudication of the suit agreement, which is the subject matter of the suit for specific performance.
According to the Court, the Judge has rightly rejected the application.
Finally, the Court dismissed the Writ Petition.
Cause Title: Rasheedabanu v. Ashpakaahamad (Neutral Citation: 2024:KHC-D:7026)
Appearance:
Appellant: Adv. Nagaraj J. Appananavar
Respondent: Adv. Hanumanthareddy Sahukar