G VENKATARAM RAO Vs. SYED ABDUL RASHEED

JUDGEMENT

(1.) ON 10/11/1998, this court made the following order:

(2.) THE Counsel on record had taken this Court through the respective pleadings of the parties and the evidence available on record and made elaborate submissions relating to the maintainability of the suit as such since the same had been instituted originally as against a dead person. It is also brought to the notice of the Court that subsequent thereto voluntarily the son of the said dead person came on record, but he had not raised the specific ground relating to the maintainability of the suit and he had not even entered the witness box, but however the Courts below had negatived the reliefs prayed for by the plaintiff and aggrieved by the same the present second Appeal had been preferred. No doubt the same had been resisted on the ground that concurrent findings had been recorded by the Court of first instance as well as the appellate Court. The Counsel on record also relied upon certain decisions in this regard.

(3.) THE substantial questions of law already had been referred to supra. The parties hereinafter would be referred to as "plaintiff' and "defendant" as shown in O. S. No. 72/86 on the file of Principal Subordinate judge, Ranga Reddy, Saroornagar.