RASHEEDABANU MOHAMMED GOUSH KWATI & ANR AND ASHPAKAAHAMAD ABDULASAB MULLA & OTHERS, 2024 (KAR) 249

RASHEEDABANU MOHAMMED GOUSH KWATI & ANR AND ASHPAKAAHAMAD ABDULASAB MULLA & OTHERS, 2024 (KAR) 249

FACTS: Respondent No. 1, the plaintiff, initiated a suit for specific performance of a contract based on an agreement to sell dated February 12, 2018, executed by defendant Nos. 1 to 3. The petitioners in the present case are daughters of defendant No. 1 and sisters of defendant Nos. 2 and 3. They assert that the property in question is joint family ancestral property. The trial has concluded, and an impleading application was filed when the matter was scheduled for the defendants' arguments.

ISSUES: Whether non-alienating members of a joint family can be joined as parties in a suit filed for specific performance of a contract.

OBSERVATION: The Karnataka High Court ruled that even if the property subject to the agreement to sell is ancestral property, non-alienating members of a joint family lack the standing to contest a suit for specific performance. Consequently, the petition was dismissed, and the court directed the trial judge to expedite and adjudicate the suit expeditiously, in accordance with the law, within a period of two months.