V. MANGAMMAL Vs. O. V. KRISHNAN

JUDGEMENT

(1.) Challenge in this Revision is to the order of the trial Court made in I.A.No.19 of 2020 filed under Order VII Rule 11(d) of the Code of Civil Procedure seeking rejection of the plaint.

(2.) The suit was filed by the respondent herein seeking a declaration of his title and for consequential permanent injunction restraining the defendant/ petitioner herein from interfering with his possession of the suit property.

(3.) The plaintiff had contended that the properties belonged to his father late Venkatavaradha Reddy, having been allotted to him under a partition that took placed on 15/2/1970. On the death of the said Venkatavaradha Reddy on 24/4/1991, the same devolved on his legal heirs viz., his wife, three sons and four daughters. Varalakshmi Ammal W/o. Venkatavaradha Reddy died on 27/4/1991. Contending that the other brothers and sisters executed a release deed dtd. 9/12/2003, the plaintiff would claim that he has become the absolute owner of the property. Claiming that the defendant who has right over the property, claiming under the Will allegedly executed by Venkatavaradha Reddy, is attempting to interfere with his possession, the plaintiff would seek the aforesaid relief. The prayer for recovery of possession was also included by way of amendment.