SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1991 Supreme(AP) 23

J.ESWARA PRASAD, M.JAGANNADHA RAO
Soni Bhuthulasi – Appellant
Versus
Kunda Nageswara Rao – Respondent


JAGANNADHA RAO, J.

( 1 ) THESE revisions have been referred to a Division Bench by our learned brother lakshmana Rao, J. The point that arises for decision is whether a third-party who disputes the title of the landlord filing the eviction petition, could seek to get impleaded under Order 1, rule 10 (2) C. P. C. and seek an adjudication on the question of title. A. division Bench of this Court consisting of Jayachandra Reddy, J (as he then was) and immaneni Panduranga Rao, J, in G. Manikyamma vs. T. Seetharamaiah has held that the third-party raising a dispute as to title could be impleaded under Order 1, Rule 10 (2) c. P. C. because, the provisions of the Code of Civil Procedure apply to proceedings before the Rent Controller. However, Muktadar, J. in Sitarama Rao vs. Ratanlal panwar and T. L. N. Reddy, J in Kotamma vs. Kotilingam Chetty observed that the rent Controller cannot decide complicated questions of title and a similar view was earlier expressed by K. V. L. Narasimham, J (as he then was) in Lingayya vs. Lakshminarasamma.

( 2 ) IT has, however, been argued before us for the landlords by Sri V. Ravindra Rao and Sri M. SPrasad that it is one thing to say that Order 1, Rule
















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top