M.NAGENDRA Vs. KARRA BHAMMAIAH

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the dismissal of the petition filed under Order VII Rule 11(d) read with 151 of the Code of Civil Procedure and Order II Rule 2 of the Code of Civil Procedure, to reject the Plaint in O.S.No.2309 of 2013 filed by the respondents herein.

(2.) The brief facts before venturing into discussing the order under revision are as follows:

(3.) This suit was contested tooth and nail and the defence which was taken by the respondents was that they had only mortgaged the property and the mortgagor is entitled to receive the rents. It is also the case of the respondents that the revision petitioners and the defendants has misused the blank papers signed by the plaintiffs and prepared an unregistered Power of attorney. Based on which, the Sale Deed dated 05.05.1980 was executed by the 1st defendant in favour of the second defendant. In the said suit, two issues are relevant for disposing of the present revision.