RAGHUNATH PERSHAD Vs. JANAKI BAI

JUDGEMENT

(1.) THE appellants herein are the plaintiffs and respondents are the defendants. The plaintiffs filed this appeal against the judgment and decree dated 3-9-1998 in O. S. No. 785 of 1982 on the file of the V-Senior Civil Judge, City Civil Court, Hyderabad in dismissing the suit. The parties herein are referred to as they are arrayed in the suit.

(2.) HEARD Sri Mohd. Abdul Rafi, learned Legal Aid Counsel appearing for the appellants and Sri S. Bal Chand, learned Counsel appearing for the first respondent.

(3.) THE suit was initially filed by Raghunath Pershad, represented by his general Power of Attorney (for short GPA) holder, his daughter-plaintiff No. 5-Kumudini Devi. During the pendency of the suit, raghunath Pershad died, therefore, his legal heirs plaintiffs 1 to 6 his daughters and defendant No. 3 his son were brought on record. The first defendant Janaki Bai is the daughter of Raghunath Per shad's elder brother namely Prithviraj and second defendant is the tenant residing in the suit schedule property bearing No. 16-11-19, situated at Malakpet, Hyderabad. Defendants 2 and 3 did not contest the suit and remained ex parte.