1978 (11) TMI 16

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..... 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 contested by the petitioner on the short ground that defendant No.1 was the real purchaser and that Ranjit Sing .....

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..... 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 the application of Ranjit Singh and impleading him as a defendant. After hearing the learned counsel for the .....

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..... ed 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 provisions of s. 281A, the real owner is precluded from instituting any suit to enforce any right of his in respect .....

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..... 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 determine the pre-emption suit vis-a-vis the real owner. It is always open to a party to plead as to the real natur .....

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..... it Singh as a party to the suit and that s. 281A of the Act is no bar to the impleading of the real owner as a party in the pre-emption suit. No other point was urged. For the reasons recorded above, this petition fails and is dismissed, but in the circumstances of the case, we make no order as to costs. The parties, through their learned counsel, have been directed to appear before the trial .....

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