Karnataka High Court: Non-Alienating members Of Joint Family Cannot Be Impleaded In Suit Filed For Specific Performance Of Contract
The Daily Guardian|June 07, 2024
The Karnataka High Court in the case Rasheedabanu Mohammed Goush Kwati & Anr and Ashpakaahamad Abdulasab Mulla & Others observed and has held that even if the property which is the subject matter of the agreement to sell is the ancestral property, nonalienating members of a joint family have no locus to contest the suit for specific performance.

The single judge bench of Justice Sachin Shankar Magadum of Dharwad bench in the case observed and has dismissed the petition filed by Rasheedabanu Mohammed Goush Kwati and another wherein challenging the order of the trial court dismissing their application seeking impleadment.

Therefore, the Ashpakaahamad Abdulasab Mulla had instituted a suit for specific performance of contract based on an agreement to sell dated February 12, 2018, which is being executed by defendant Nos.1 to 3.

In the present case, the petitioners are daughters of defendant No.1 and sisters of defendant No.2 and defendant No.3.

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