THIRMALA REDDY MAHALAKSHMAMMA Vs. MULKLURI MURLIDAHAR RAO

JUDGEMENT

(1.) The 4th defendant in O. S. No. 305/1967 on the file of the Court of District Munsif of Narasaraopet in Guntur District seeks a transfer of the suit to the Court of District Munsif of Bodhan in Nizamabad District. The suit is laid by the plaintiff for a permanent injunction restraining the several defendants from interfering with the plaintiffs enjoyment of the properties mentioned in the A, B, and C schedulers annexed to the plaint. A schedule properties are lands situated in Jakora village in Nizamabad District while B and C schedule properties are a house and house site situated in Mulakalur and Chimalamani in Guntur District. The plaintiff claims that he is entitled to all the properties as the heir of his adoptive father Kutumba Rao, as also under a will executed by the said Kutumba Rao. Defendants 1 to 4 are stated to be residents of Sri Nagar in Nizamabad District while defendants 5 and 6 are residents of Mulakalur in Guntur District. A single suit is laid in respect of all the properties and against all the defendants by making the vague allegation "All the defendants conspired together and with a common unlawful intention are trying to cause obstruction to the enjoyment of the plaintiff of his properties."

(2.) The fourth defendant has filed a written statement claiming that A scheduler properties belong to her and are in her possession and enjoyment. She alleges that the 5th and 6th defendants have no interest in any of the suit properties, that they are friends of the plaintiff and that they are impleaded in the suit merely to invest the Varasaraopet Court with jurisdiction. It is stated in Para 4 of the written statement: "4. He filed this suit with false and frivolous allegations by adding b and C schedule undisputed properties and adding defendant 5 and 6, his own friends with a view to create jurisdiction to this Court, and with ulterior object of putting defendants 1 to 4 to great inconvenience. The real dispute relates to A schedule properties which are situated in Banswada Taluk of Nizamabad district. So this Court cannot have territorial jurisdictin to try this suit." In Para. 8 it is stated : "This Court will not have pecuniary and territorial jurisdiction also."

(3.) The fourth defendant has filed the present application for transfer contending the since the A schedurle proeperties are situated in Nizambaddistrict and the suit is one for a permanent injunction, cnvenience of parties and witnessess requires that it should be tried in the Court of District Munsif, Bodhan. It is averred that thesuit is laid in the Court at Narasaraopet only for the purpose of harassing the petitioner. It is also stated that defendants 5 and 6 are not really interested in the plaint B and C schedule properties and that they have been impleaded in the suit and B and C schedule properties have been included not because of any dispute but merely to invest the Narasarappet Court with jurisdiction.