G K NAIK Vs. SUSHEELA NAIK

JUDGEMENT

(1.) These petitions have been filed seeking to review the common judgment dated 27-9-1999 delivered in Second Appeal Nos.239 and 40 of 1997.

(2.) Brief history: One Dr. Mandakini Naik, Susheela Naik and G.K. Naik are sisters and brother. Claiming that the suit schedule property (House bearing Muncipal No.1-11-254 together with mulgies and a well situated in Prakash Nagar, Begumpet, Hyderabad) is her exclusive property by virtue of a will dated 8-5-1962 executed in her favour by her father late Krishnaji Naik, Mandakini Naik filed OS No.133 of 1983 on the file of the Principal Subordinate Judge's Court, Rangareddy District, Saroornagar, Hyderabad, against her brother G.K. Naik alleging that she is the owner of the said property and has been in continuous possession and enjoyment of the same right from the date of execution of the will. While so, her brother (G.K. Naik) has no manner of right, title or interest in the suit property and he is interfering with her peaceful possession of the plaint schedule property by instigating the tenants, who are in occupation of some portion of the suit property, not to pay rentals to her. It is alleged that on 21-6-1982, G.K. Naik has demolished the wall situated in the suit property. So, she filed the suit seeking the relief of perpetual injunction in respect of the suit property restraining her brother G.K. Naik from interfering with her peaceful possession and enjoyment of the suit property.

(3.) The defence set up by G.K. Naik in his written statement is that the will is a fabricated one and no such will was ever executed by their father in favour of Mandakini Naik. The suit property is the joint family property and he is entitled to equal share along with Mandakini Naik. So, Mandakini Naik is not entitled to the relief sought for in the suit.