Intervenor With Prima Facie Interest In Disputed Property Can Be Added As Party To Avoid Multiplicity Of Proceedings: Jharkhand High Court
The Jharkhand High Court has held that a person claiming a prima facie interest in disputed property can be impleaded as an intervenor in a title suit where such intervention is necessary to avoid multiplicity of proceedings.
A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a petition filed under Article 227 of the Constitution challenging an order dated 24.02.2014 passed by the Subordinate Judge-I, Ranchi, whereby an intervention application filed by the President of Public Urdu Middle School, Kantatoli Chowk, Ranchi was allowed in a pending title suit.
The petitioner/plaintiff had instituted Title Suit No.173 of 2011 seeking declaration of his right, title and interest over the suit property and a permanent injunction restraining interference with his possession. The petitioner claimed ownership over land situated at M.S. Plot No.375, Holding No.218, Ward No.VI (Old), corresponding to Ward No.23/13, Khasmahal Plot No.2048 at Tamtamtoli Road, Kantatoli Chowk, Ranchi. He claimed that the property was purchased through a registered sale deed dated 16.02.1995 from Swapan Kumar Saha and that he had been in peaceful possession thereafter.
The petitioner challenged the intervention application, contending that the intervenor had no right, title or interest in the property and had been wrongly added as a party in the suit.
The respondents, however, submitted that the intervenor was a necessary party since documents relating to the same property had been produced before the Trial Court, showing a competing claim over the land. It was argued that allowing intervention would avoid multiplicity of litigation.
The High Court examined the documents relied upon by the intervenor, including a communication issued by Ranchi Nagar Nigam stating that M.S. Plot No.375 was the property of the Corporation and that certain mutation entries relating to the plot had been cancelled. Another communication indicated that the plot had been claimed by the Municipal Corporation and that mutation had been carried out in favour of another person.
The Court noted that there was a dispute regarding the same plot, with the petitioner claiming ownership on the basis of sale deeds and possession, while documents produced by the intervenor indicated that the school was also being run on a portion of the same property.
The Court observed that the issue regarding the exact portion of land and competing claims could be decided only after evidence was led by the parties in the pending title suit. Relying upon the Supreme Court's judgment in Vidur Impex and Traders (P) Ltd. v. Tosh Apartments (P) Ltd., the Court noted that the principles governing intervention were satisfied in the present case, as the intervenor had produced documents relating to the same plot and his presence was necessary for adjudication of the dispute. It noted:
“In the case in hand, in light of aforesaid background it transpires that the documents have been produced by the respondent No.4 of the same plot and confusion is there with regard to portion of the plot, as such to clear the said the intervenor was the necessary party and in view of that the learned Court has rightly allowed the intervention petition and the merit can be decided by the learned Court in the pending title suit on the basis of evidence laid by appearing parties in the title suit.”
The Court held that since the intervenor had produced documents relating to the same plot and there was confusion regarding the portion of land in dispute, the intervention application had been rightly allowed by the Trial Court.
Accordingly, the High Court found no illegality in the impugned order and dismissed the writ petition.
Case Title: Shabana Khatoon v. Ranchi Municipal Corporation and Ors.
Case Number: W.P. (C.) No. 2328 of 2014
Appearance:
For the Petitioner: Mr. Amit Kumar Das, Sr. Advocate; Mr. Shivam Utkarsh Sahay, Advocate
For Respondent Nos. 1 & 2: Mr. Ray Rajat Nath, Advocate