CHANNAGIRI KOTAMMA Vs. BACHU KOTILINGAMSETTI

JUDGEMENT

(1.) This revision petition is filed against the decree and judgment dated 30-11-1981 passed in R CANolof 1981 on the file of Sub-Court, Kandukur.

(2.) The Revision petitioners are the petitioners in the trial Court and also the appellants in the lower appellate court. The Revision Petition arose in the following circumstances. The revision petitioners are third party petitioners in R C C,1/78 on the file of the RentController-cum-District Munsif Kandukur. They filed I.A. 724/80 under Order 1, Rule 10, C P C. seeking to impiead them as respondents in the Rent Control Court. The first respondent herein filed an eviction petition against the second respondent, claiming that the property, which is a house, belonged to him. Admittedly, the property belonged to one Tummapudi Krishnaswamy. It is now, the case of the revision petitioners that under a compromise decree passed in a maintenance suit filed by the said Krishna- swamy's daughter-in-law, Venkata Subbamma, a life-interest is created in her favour in respect of the schedule house, and the vested remainder in favour of the two brothers of her husband; and that the said vested remainder right devolved on these revision petitioners. T. Venkata Subbamma died intestate. Before her death, she introduced the second respondent as a tenant in the house under a will said to have been executed by the said Venkata Subbamma. He filed the eviction petition against the second respondent on the ground of wilful default. The third parties also dispute the truth and the validity of the said unregistered will. They, therefore, filed the application I A.724/80 for implead- ing them as respondents in the Rent Control Case.

(3.) The Rent Controller dismissed the application holding that their right is to be established in a separate suit; and that they are neither necessary nor proper parties to the Rent Control Case in question,