P MURUGESA REDDY Vs. A SUBBAMMA

JUDGEMENT

(1.) This Revision petition is filed against the order of the Principal Subordinate Judge, Tirupati in I. A.No.355/92 dismissing the petition filed by the petitioner for impleading him as the 6th defendant in the suit.

(2.) The facts in brief are as follows: One P. Govinda Reddy had three sons viz., P. Gangi Reddi, Chengalraya Reddy and Subrahmanyam Reddy and one daughter, Rajamma. His wife's name is Kannamma. The said Govinda Reddy died on 14-10-1981. Plaintiff is the daughter of Gangi Reddy. Chengalraya Reddy has no children and Subrahmanyam Reddy has three sons. The petitioner in the revision petition is the son of Subrahmanyam Reddy. The plaintiff filed a suit for partition of plaint A and B Schedule properties. The suit is filed on the basis of a registered settlement deed dt.25-3-1982 executed by her father P. Gangi Reddy. She impleaded the father, Chengalraya Reddy, Subrahmanayam Reddy and grand-mother Kannamma. During the pendency of the suit, Kannamma died and her daughter, Rajamma was brought on record.

(3.) The defence in the suit is that Govinda Reddy executed a will on 5-10-1981 under which he bequeathed the properties in favour of his wife viz., Kannamma and she was given a life interest in the said properties. Under the will, after the death of Kannamma, remainder is given to the grandsons of Govinda Reddy i.e., the sons of Subrahmanyam Reddy. The two sons of Subrahmanyamreddy are minors and the present petitioner became a major. Therefore, he filed a petition to implead him as a party to the suit.