PUNURU VIJAYA LAKSHMI Vs. PUNURU VENKATA REDDY

JUDGEMENT

(1.) This revision petition is against the order of the Senior Civil Judge, Kavali, dated 17-7-1998 dismissing I.A.No. 232/98 in O.S.No. 56/97 filed by the petitioner seeking leave of the Court to file a rejoinder.

(2.) The petitioner herein is the wife of the respondent herein. She filed the said suit against the respondent-defendant for declaration of her title to the plaint schedule house situated in Kavali Town and for recovery of possession of the same.

(3.) The case of the petitioner-plaintiff, as set forth in the plaint, is that the plaint schedule house was purchased by her from one Dr. N. Venkata Lakshmi Narasimha Rao under a registered sale deed dated 26-8-1974 for a total consideration of Rs. 16,000/-. Immediately thereafter she was put in possession of the said property. Subsequently, her husband (respondent- defendant) requested her to permit him to run his hospital in the plaint schedule house and she agreed for the same. The respondent-defendant was thus inducted into possession of the plaint schedule house on her permission. Subsequently, when the need arose for her, she made a request to the respondent to vacate the premises and deliver possession of the same. In spite of her repeated personal requests and the requests made through her close relatives, the respondent did not oblige. She then issued a legal notice to the respondent on 27-10-1997 demanding delivery of vacant possession of the plaint schedule house. Having received the said notice, the respondent kept quiet without even issuing a formal reply. Hence, the suit.