ADINARAYANA M Vs. M CHINTANNA DIED

JUDGEMENT

(1.) This revision is directed against the Judgment passed by the Subordinate Judge, Razole, in C.M.A. No.10 of 1991, whereby the order and decree passed by the Principal District Munsif, Razole, in I.A. No.187/91 in O.S. No.19/91 ganting injunction in favour of the petitioner/plaintiff has been set aside

(2.) It is no longer in dispute before me that late (Sri) Manne Ramanna had executed a settlement deed bequeathing his entire property including the plaint schedule property in favour of his sons, that is to say the petitioner/plaintiff, the deceased 1st defendant and Krishna Rao @ Venkataratnam, reserving life interest in himself and his wife, Smt. Manne Ademma. He expired on 30-11-1963, whereupon his wife, Smt.Manne Ademma, obtained possession of the entire property as a life estate holder. She leased out inter alia the plaint schedule property to her son the petitioner/plaintiff. The deceased-1st defendant was the husband of defendant No.2 and father of defendant No.3. The defendant No.4 is the son of late Krishna Rao @ Venkataratnam. The deceased, 1st defendant sold different portions of the property left by his father to defendants Nos.5 to 8 through separate sale deeds. He tried to disturb the possession of the petitioner/plaintiff who filed suit O.S. No.108/67 for permanent injunction against him and his vendees i.e., defendants Nos.5 to 8. The suit was dismissed by the trial Court; whereupon the 1st defendant and defendants Nos.5 to 8 obtained possession of different portions out of the property left by Manne Ramanna on the strength of the sale deeds.The etitioner/ plaintiff filed an appeal A.S.No. 120/70 and succeeded in it. He obtainrd possession of the plaint schedule property in E.P. Np.94/73 on 15-10-1973. Smt. Manne Ademma also filed a suit for mesne profits against the deceased - 1st defendant and defendants Nos.2 to 8 because they had been in womgful possession of the plaint schedule property for the years 1970-1973 and obtained a decree as prayed for. Smt.Manne Ademma died on 1-8-1991. After death the deceased- defendant No.1, defendants Nos.5 to 8 unsuccessfully tried to dispossess the petitioner/plaintiff.

(3.) The petitioner/plaintiff soughta decree for permanent injunction against the respondents/defendants alleging that he has been in possession of the plaint schedule property right from the year 1967 and his mother had executed a will in his favour and, therefore, he is entitled to retain possession of the plaint schedule property.