A. Gyaneshwar Rao vs Mahmood Shareef And Anr. on 17 November, 1981
In M. V. Krishnamachari v. Dhanalakshmi, . In a suit for partition against C plaintiffs were claiming the property as joint family property . P filed an application fir impleading himself as a supplemental defendant and his case was that C had entered into a written agreement of sale with him agreeing to convey a certain house for a certain sum and in pursuance thereof a certain sum was paid to C who had agreed to convey the property and execute the registered deed of sale within a specified period; his further case was that the agreement of sale was entered into by C Making the express representation both oral and under express terms of the agreement of sale that the property agreed to be conveyed was his own self-acquired property. P's claim was that as the plaintiffs in the partition suit were claiming the property as joint family property and as he apprehended collusion between the plaintiff and the defendant he sought to be impleaded as a party to prevent any collusion and also to bring to the notice of the court his rights under the agreement of sale, so that in equity the property agreed to be sold, might if possible be allotted to the share of the defendant. In those circumstances and facts of the case, the Madras High Court held.