VANJARAPU APPALLASWAMINAIDU Vs. GIRAJANA PADMAVATHI

JUDGEMENT

(1.) This Civil Revision Petition was filed against the order passed by the Principal Senior Civil Judge, Visakhapatnam on 4-1-2000 in I.A.No. 872 of 1997 in O.S. No. 1016 of 1996.

(2.) The first respondent-plaintiff is the daughter of the first petitioner and petitioners 2 and 3 are the brothers of the first respondent-plaintiff. The first respondent- plaintiff filed the said O.S.No. 1016 of 1996 against the second respondent for its eviction from the suit schedule property and recovery of rents. During the pendency of the said O.S.No. 1016 of 1996, the petitioners filed I.A.No. 872 of 1997 under Order 1 Rule 10 C.P.C. to add the petitioners as defendants 2 to 4 in the said O.S.No. 1016 of 1996 and as respondents in I.A.No. 701 of 1997 and direct the first respondent-plaintiff to carry out the amendments to the plaint. The court below dismissed the suit I.A.No. 872 of 1997 holding that the first respondent-plaintiff is title holder and registered owner of the suit schedule property and the dispute of the petitioners with regard to the benami transaction i.e., purchase of suit schedule property by the first petitioner in the name of one (first respondent-plaintiff) of the members of the joint family, cannot be thrashed out in a suit filed by the first respondent-plaintiff under the garb of joint family properties and thereby the petitioners are neither necessary nor proper part to the suit. Aggrieved by that order, the proposed party defendants 2 to 4 filed this civil revision petition.

(3.) Heard both sides and perused the record.