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1989 Supreme(AP) 362

M.JAGANNADHA RAO
M. Ramamurthy – Appellant
Versus
A. Chinnappa – Respondent


M. JAGANNADHA RAO, J.

( 1 ) THE revision is preferred against an order passed by the lower court bringing the respondents on record as plaintiffs on the death of their father, who had earlier filed the suit for permanent injunction. The petitioners raised the contention that the relief of permanent injunction is personal to the father of the plaintiffs and, therefore, his legal representatives could not continue the suit for permanent injunction. This contention was rejected by the Trial Court on the ground that the relief of permanent injunction is sought in respect of immovable property and that the said right to possession survive to the legal representatives.

( 2 ) THE law relating to survival of rights on the death of a person is contained in Section 306 of the Indian Succession Act which corresponds to the provisions of Law Reforms (Miscellaneous Provision) Act, 1934 in england. This provision modifies the common law principle relating to personal actions abating on the death of the person a principle which is based on the maxim "actto personalia moritur cum persona". Under section 306 of the Indian Succession Act, all causes of action in personal actions, which under the comm






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