KOVI PITCHIAH Vs. PAMULAPATI CHINNA SUBBA NAIDU

JUDGEMENT

(1.) This is an appeal against a Judgment of the Court of the District Judge, Cuddapah, and raises the question as to whether a case may be remanded with the consent of parties.

(2.) The material facts are these : The only son of the 1st defendant died unmarried two years prior to suit whereafter the 1st defendant and her daughter, the and defendant, executed a sale-deed, dated 24th March, 1954, in favour of the plaintiff. The 5th defendant is the husband of the 2nd defendant and is an undivided son of the 3rd defendant. The appellant filed the suit for a declaration that he was entitled to the suit lands and for a permanent injunction restraining defendants 3 to 9 from interfering with his cultivation of the lands. There was no contest by defendants 1 and 2 but the other defendants resisted the suit inter alia on the ground that the said sale-deed did not create any rights in favour of the plaintiff. The trial Court framed the following issues :-

(3.) After a consideration of the evidence adduced by the parties, the District Munsif found on all the above issues in favour of the plaintiff and decreed the suit as prayed for. Against the said decree, defendants 3 to 9 preferred an appeal to the District Court, Cuddapah. When the appeal came on for hearing, counsel for the appellants and the 1st respondent filed the following joint memorandum :-