CHUNCHU NARAYANA Vs. K SRINIVASULU

JUDGEMENT

(1.) The first respondent filed O.S. No.212 of 2000, in the Court of I Additional Junior Civil Judge, Madanapalle, against the second respondent, for the relief of specific performance of an agreement of sale, in respect of two items of properties shown in the suit schedule. Petitioner is the mother of the second respondent. He filed I.A.No.701 of 2004, under Order 1 Rule 10 C.P.C., to get himself impleaded as defendant No.2, in that suit.

(2.) According to the petitioner, his father made a settlement at a time, when he was only two years old, creating life interest, in respect of item No.2 of the suit schedule property, in the second respondent herein, and vested remainder in him. He urged that whatever may be the rights and obligations of the respondents herein, vis-a-vis the first item of the suit schedule, the second respondent did not have the right to enter into any transaction, or sale, as regards the second item of the suit schedule property. The application was resisted by the first respondent, and the trial Court dismissed the I.A., through order dated 27-9-2004. The same is challenged in this C.R.P,

(3.) Heard the learned Counsel for the petitioner and learned Counsel for the first respondent.