NARAYANA REDDY Vs. P CHANDRA REDDY

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and judgment in A. S. No. 126 of 1996 on the file of the Court of Subordinate Judge, Hosur. The plaintiff has lost his case before the trial Court but on appeal learned first appellate Court has allowed the appeal preferred by the plaintiff. Hence, the second defendant has preferred this second appeal.

(2.) THE short facts relevant for the purpose of deciding this appeal are as follows:

(3.) 3 (a) The first defendant remains exparte. The second defendant in his written statement would contend that the suit is bad for non-joinder of necessary parties for non impleading of all the legal representatives of D1. Bodiammal @ Latchumakka, widow of Ramakrishnareddy, is stated to have executed the alleged agreement to sell is not made as a party to the suit or to the exchange of notices prior to suit. On the date of the suit she was alive. She has died after filing of the suit. She was owner of S. No. 77/1 of Komarnappali village. The said land was purchased by her husband Ramareddy S/o. Dasarapalli Munireddy under the sale deed dated 31. 12. 1939. It was his self acquisition. After his death his widow Bodiammal became entitled to the property and was in legal title and physical possession till the sale in favour of the second defendant on 30. 11. 1984.