M RAMAKRIIHNA MUDALIAR Vs. M PACHAYAPPA MUDALIAR

JUDGEMENT

(1.) M.Ramakrishna Mudaliar, the petitioner in this Civil Revision Petition, filed O. S, No 32/63 in the Court of the Subordinate Judge, Chittoor, against his brother M. Pachayappa Mudaliar, for a declaration of his title to the properties in the suit (lands) and lot a permanent injunction restraining the defendant from interfering with the plaintiffs possession. Pending the suit the plaintiff filed I A. No. 191 of 1963. under Order 39, Rule 1 C. P. C. for the issue of a temporary injunction restraining the defendant from interfering with the plaintiff's possession pending disposal of the suit. The defendant in his turn filed I. A No. 504 of 1963, under Order 40 Rule 1 C, P. C. for the appointment of a Receiver with respect to the suit properties.

(2.) The plaintiffs case in the plaint is that there was a partition between himself and the defendant, his brother, evidenced by a registered deed of partition dated 9th November, 1956, under which the entire properties beloning to the two brothers were finally partitioned. His case is that the suit lands fell to his share and they are described in Schedule A in the partition deed. He further staced that the lands described in Schedule B fell to the defendant's share and ever since the partition each of the brochers was in possession and enjoyment of his respective share. The cause of action was stated to be the attempt of the defendant to interfere with the possession and enjoyment by the plaintiff of his share of the lands which are the suit lands. The defendant's case was that the partition deed was executed nominally for certain reasons and was never acted upon. He pleaded that except for the items 1 to 19 the rest of the properties mentioned in the partition deed belong to him exclusively and that the plaintiff was entitled to a half share only in items 1 to 19.

(3.) In the petition for injunction, the learned Subordinate Judge framed the point for determination as to whether the petitioner has made out a case for the grant of a temporary injunction and in the Receiver Petition he framed the point at to whether there are sufficient grounds for the appointment of a Receiver. The two petitions were heard together. Besides lands, the properties covered by the deed of partition are lorries, buses and houses.