PUVVADA NAGESWARARAO Vs. KANTAMANI RATNA KUMAR

JUDGEMENT

(1.) ONE Mr. Puvvada Narsimha Murthy filed O. S. No. 181 of 1976 seeking a declaration that the plaint 'a' schedule moveable properties lying in the Shyamala Theatre as shown in Ex. A-5 the list of items that were taken over by the Official Receiver in I. P. No. 24 of 1970 belongs to him, and consequently direct the defendants either to return the articles or the value of the articles to him. During the pendency of the suit, the first defendant was the auction purchaser of the theatre in a suit filed by the second defendant for recovery of the money passed on promissory note. The Defendant No. 2 is the plaintiff in O. S. No. 60 of 1979 who obtained a decree for Rs. 4,20,000/subject to clearance of equitable mortgage for an amount of Rs. 8,75,000/- in favour of his brother. Defendant No. 3 was the proprietor of theatre. Defendants 4 to 10 were the legal representatives of late Alapati Bhaskara Ramayya. During the pendency of the suit, the plaintiff seems to have died. The legal representatives of the plaintiff were brought on record as plaintiffs 2 and 3. Likewise, R-11 to R-13 perhaps, female members of the late plaintiff were also brought on record as formal parties to the proceedings.

(2.) THE auction purchaser as well as the other defendants contested the suit.

(3.) WHILE the plaintiffs examined as many as four witnesses on their side and marked documents Exs. A-1 to A-18. On behalf of the defendants, the father of the first defendant, Mr. K. Ramchander, who worked as Clerk under the plaintiff was examined as D. W. 2 and Exs. B-1 and B-12 were marked on behalf of the defendants.