ARIKATLA VENKATA SWAMI Vs. MAVILLAPALLI VEERAIAH

JUDGEMENT

(1.) THIS revision petition is against the order of the Subordinate Judge, Nellore. granting permission under Order II Rule 2 C. P. C. to institute another suit for recovery of the plaint C schedule properties.

(2.) THE plaintiffs, as reversioners to the estate of one Ramabotlu, who died in 1901 childless leaving behind him his widow Rosamma, brought a suit in the Court of the Subordinate Judge, Nellore, for recovery of the properties belonging to Rama-bhotlu. Rosamma died in January 1953. It was recited in the plaint that Ramabhotlu died possessed of the A and B Schedule properties, that the C schedule properties were acquired with the income from the A and B schedule properties, that, with a view to defeat the rights of the reversioners she began to take conveyances in the name of the defendant, who is her brother's son, and that they formed accretions to the estate notwithstanding this fact.

(3.) THE plaintiffs asked for a decree directing the defendant to deliver possession of the A and B schedule properties to the plainliffs and to account for the mesne profits arising on the A and B schedule properties, the properties disclosed in the B schedule being moveables. As regards the C schedule properties they asked for permission to file another suit on the ground that they were not possessed of sufficient funds to pay court-fee thereon. The Subordinate Judge accorded the permission asked for in two words 'permission granted'. It is this order that is now sought to be reversed.