- (1.) This petition is directed against the orders dated 16.2.2015 and 24.2.2015, whereby application for impleadment filed by the petitioner, in proceedings initiated under section 37 of the Indian Trust Act, has been rejected and permission for transfer of the property has been granted to the trustees.
(2.) A perusal of the record goes to show that proceedings have been initiated under section 37 of the Indian Trust Act, for grant of permission by the court to permit trustees to transfer the trust property. In these proceedings, an application for impleadment has been filed by the petitioner, by contending that she has purchased the property in question through a registered sale deed dated 4.7.2007, from Jagdish and Parshuram sons of Indra Dev. It is submitted that Indra Dev was actually recorded over the property, pursuant to an entry made in his favour on 17.2.2004 in revenue record, and therefore, being a bhumidhar of land, heirs of Indra Dev had right to transfer the land. Submission is that once property in question has been purchased by the petitioner, she has right over such property and no permission for transfer of it can be granted in favour of trustees without impleading and hearing petitioner. The learned District Judge concerned has examined this issue and it was found that revenue entry in favour of Indra Dev dated 17.2.2004 was subsequently expunged by an order passed on 19.7.2008, and it was observed that previous entry, according to which, property was recorded in the name of trust, be restored. The District Judge, therefore, has come to the conclusion that Indra Dev had no right over the property in question and any transfer, claimed through his heirs, by the petitioner, would not vest any right in the property in question for her. Accordingly, petitioner's application for impleadment was rejected. By the subsequent order, the District Judge has granted permission to the trustees to transfer the same.
(3.) This matter was heard on 15.4.2015. After some argument in the matter, learned counsel for the petitioner was granted opportunity to bring on record documents of title in favour of Indra Dev. Accordingly, following orders were passed on 15.4.2015: "Learned counsel for the petitioner prays for and is granted a week's time to file supplementary affidavit, bringing on record the documents of title in his favour.";