CHAVA LAKSHMIDEVAMMA Vs. CHAVA NAGAYYA

JUDGEMENT

(1.) The plaintiff-petitioner seeks to set aside in revision the order of the learned District Munsiff of Guntur directing under Order 1, Rule 10 that the fourth defendant, who had applied there for, be impleaded as a party defendant to the suit.

(2.) The plaintiff laid the suit in the first instance against the three defendants, her deceased husband's brothers. It was common ground that defendants 1 to 3 were divided in status from the plaintiff's husband. The plaintiff claimed that on the death of her husband she succeeded to her husband's properties. After averring in paragraph (5) of the plaint that the defendants threatened to interfere with her possession, and that it therefore became necessary to institute the suit for a declaration of the rights of the plaintiff in the suit property and for a permanent injunction restraining the defendants from interfering with the plaintiff, the plaintiff prayed for a decree (a) declaring that the plaintiff has got rights of a Hindu widow in the suit property" and (b) "for a permanent injunction restraining the defendants and their persons from causing obstruction or hindrance to the plaintiff and her persons.

(3.) The defendants denied that the plaintiff was entitled to succeed to her husband's properties, and that she was in possession of those properties. One of the pleas advanced was jus tertii. The second defendant alleged that his son, subsequently impleaded as the fourth defendant, was the adopted son of the plaintiff's husband, and that on the latter's death the adopted son succeeded to and was in possession. of his adoptive father's properties. At the same time, that is, even before the stage of settlement of issues was reached, the fourth defendant applied to be impleaded as a party defendant to the suit.