V V RAMA RAO Vs. BHAVAN NARAYAN RAO

JUDGEMENT

(1.) This civil revision is against an order of the Subordinate Judge of Berhampur allowing defendant No. 4 to be substituted as the legal representative of the deceased plaintiff in Title Suit No. 29 of 1951 in the Court of the Subordinate Judge of Berhampur, The original plaintiff who died on 22-11-1951 was the widow of late Varada Kameshwar Rao Naidu Garu. The first defendant Varada Vizaya Rama Rao is the first son of the said Kameswar Rao & the fourth defendant Varada Bhavan Narayan Rao is his second son. Defendants 2 and 3 (Varada Venkatakameswar Rao & Varada Venkateswar Rao) are the two sons of defendant No. 1, The widow of Kameswar Rao (the plaintiff, Varada Mahalakshmi Amma) brought this suit on 7th May, 1951 on the following allegations :

(2.) The plaintiff's further allegation was that after the death of her husband she was entitled to a life interest in respect of the properties bequeathed to her by her husband; the Will having been accepted and given effect to by defendants 1 and 4, they (defendants 1 and 4) had absolutely no interest in the properties bequeathed in her favour which are the subject matter of the present suit during her life time; that she was also in exclusive possession and enjoyment of the suit properties in her own right; but defendant No. 1 was approaching her (the plaintiff) and the 4th defendant several times to get the partition made by the father annulled, but his request to that effect was definitely refused and thereafter defendants 1 to 3 had been attempting to forcibly trespass on the suit properties by means of false propaganda and threats and had been trying to win over the tenants and collect rents from them. The widow-plaintiff therefore brought the present suit praying for the following reliefs:

(3.) Defendant No. 4 filed written statement supporting the case of the plaintiff and ultimately stating that he had no objection to the granting of the reliefs prayed for by the plaintiff. Defendant No. 1 is contesting the suit by repudiating the alleged deed of partition and the Will. It is to be noted here that the present defendant No. 2 has filed a suit for partition of all the joint family properties in the Court of the Subordinate Judge of Srikakulam in the State of Madras as there are considerable properties also within the State of Madras. The plaintiff (widow) having died on 22-11-1951, defendant No. 4, that is, the second son of late Kameswar Rao, filed a petition for continuing the suit after being substituted as the legal representative of the widow (the plaintiff). The learned Subordinate Judge having allowed the petition filed by defendant No. 4 by his order dated 3-31952, the present civil revision has been filed against the said order.