S.HABEEB Vs. M.F.SHAHANAZ

JUDGEMENT

(1.) The 3rd petitioner is the wife of late Anwar Saheb and petitioners 1 and 2 are their children. The petitioners filed O.S.No.260 of 2009 in the Court of Senior Civil Judge, Madanapalle, against the respondents herein for the relief of declaration of title, recovery of possession and perpetual injunction in respect of the suit schedule premises. It was pleaded that late Anwar Saheb was granted patta in respect of the property and when disputes arose with the Madanapalle Municipality, he filed O.S.No.242 of 1991 in the Court of I Additional Junior civil Judge, Madanapalle. The suit is said to have been decreed and that the appeal filed by the Municipality was dismissed. The petitioners plead that after the death of Anwar Saheb, a portion of the property was given on lease to the 2nd respondent and he stopped payment of rents in the recent past.

(2.) The 1st respondent is the wife of the brother of Anwar Saheb. She pleaded that Anwar Saheb made an oral gift in respect of half of the property held by him, in favour of his brother late Fazlu and after his death, she inherited the property. It was her further case that she leased the property to the 2nd respondent. The written statement filed by the 2nd respondent is also on the same lines.

(3.) The petitioners filed I.A.No.1577 of 2009 under Order XV-A of C.P.C. with a prayer to direct the 2nd respondent to deposit the rents for the premises. The application was opposed by the respondents by repeating their contention advanced in the written statement. The trial Court dismissed the I.A. through order dated 26.06.2012. Hence, this revision.