G. RADHAKRISHNA RAO, J.

( 1 ) THIS appeal is filed against the dismissal of I. ANo. 127/89 in O. S. No. 44/88 on the file of the Subordinate Judge s Court, Ramachandrapuram. This i. A. No. 127/89 was filed by the appellants herein for appointment of a receiver to take possession of the plaint A schedule landed properties together with standing crop and to manage the same during the pendency of the suit.

( 2 ) PETITIONERS 1 and 2, appellants herein, and the 2nd defendant are the sons of the 1 st defendant. The suit was filed by the appellants herein for partition of the suit properties alleging that their father is not providing anything to them for their livelihood. In cases like this the party which will be in possession of the major portion of the property always enjoys and the other party suffers. Therefore, the normal rule that no receiver canbe appointed in cases of partition has to be deviated in such circumstances as of the present case. Whenever major part of the landed property has been in possession of one person only, then whether there is good crop or there is no crop, ultimately the losers are the persons who are not in possession of any property at all. Besides, while

Click Here to Read the rest of this document