T BHOPAL REDDY Vs. K R LAKSHMI BAI

JUDGEMENT

(1.) This appeal arises out of the order passed by the Subordinate Judge, Nizamabad, in I.A.No.714 of 1994 in O.S.No.51 of 1994 rejecting the application for appointment of Receiver for some of the suit schedule properties i.e., a. cinema theatre, known as 'Kamal Talkies', a godown let out to F.C.I, and a building bearing No.3-1 -10 which is let out to various tenants.

(2.) It is the case of the appellants that the second appellant is the daughter of late Sri K.R. Raja Reddy and the first appellant is the husband of the second appellant. The first and second respondents are wife and daughter of late Raja Reddy respectively. The second appellant claims l/3rd share in the properties held by Raja Reddy. The second plaintiff (2nd appellant) as the daughter and the first plaintiff (1st appellant) as the illatom-son-in-law are claiming 3/5th share over the properties. The defendants- respondents have disputed the relationship of the 2nd appellant to late Raja Reddy. It is the case of the defendants that she is a foster daughter of Raja Reddy. The alleged faction of adopting the first appellant as illatom-son-in-law is seriously disputed. The learned Counsel for the appellants relies on the prima facie finding recorded by the trial Court that the 2nd plaintiff is the natural daughter of late Raja Reddy. The declaration filed under the A.P. Agricultural Land Ceiling Act is also being relied upon for this purpose.

(3.) In the affidavit filed in support of the Receiver application, it is stated that unless the Receiver is appointed to receive the rent and remit the same to the credit of the suit, it will be very difficult to recover the same on later stage.