A co-owner cannot lease out the joint family properties without the consent of the other co-owners.

A. GANGADHARA RAO, J.

( 1 ) THE plaintiff is the petitioner. The 1st defendant is the wife of muthavarapu Venkatrayudu, who died in or about 1960 leaving behind him the 1st defendant, his widow, and a son by name Krishna Leelarao. The 2nd defendant is the wife of Krishna Leelarao. They have a son, who is the 3rd defendant besides two daughters. Krishna Leelarao died in about 1967, survived by his widow the 2nd defendant, a son (3rd defendant) two daughters and his mother, the 1st defendant. The family owned extensive properties in the villages of Ungutur and Kambhampadu.

( 2 ) WHILE so, disputes arose between the defendants 1 and 2 who are mother-in-law and daughter-in law respectively. The 1st defendant was constrained to leave the family house and take up residence elsewhere. She filed O. P. No. 34/1971 informa pauperis in the Court of the subordinate Judge, Guntur, against the plaintiff, defendants 2 and 3 and others for partition and separate possession of her share of joint family properties. That suit was decreed. It was held that the 1st defendant was entitled to 13/40th share, the 3rd defendant to 18/40th share and the 2nd defendant and her two daughters to 3/40 the share in the joint family properties. A preliminary decree was passed on 5th November, 1977. Questioning that decree an appeal was filed in the High Court but was compromised in so far as it related to defendants 1 to 3.

( 3 ) WHILE so, the plaintiff filed O. S. No. 1185/1979 on the file of the iv Additional District Munsifs Court, Guntur, against defendants 1 to 3 and another for a permanent injunction restraining them from interfering with his possession and enjoyment of the suit properties. The planit schedule consists of 9 items. Items 1 and 3 are situated in Ungutur village, while items 5 to 9 are situated in Kambhampadu village. Item 9 is the separate property of the 2nd defendant.

( 4 ) THE case of the plaintiff is that he had taken on lease from the 2nd defendant items 1 to 3, 5 and 6 under a registered lease deed dated 15th June. 1971, and that under a hand letter dated 2nd June. 1976 he had similarly taken on lease items 7 and 8 from the 2nd defendant, and the leases would be operative up to 1980-81. So far as item 9 is concerned he claims to have purchased it under a sale deed from the 2nd defendant. According to him, the defendants are colluding to gether to cause disturbance to his possession and enjoyment ot the suit property Hence he filed the suit for a permanent injunction Along with the suit he filedl. A. NO. 6051/1979 for a temporary injunction pending the disposal of the suit.

( 5 ) THE defendants resisted the suit by contending that the alleged leases are fictitious and nominally obtained by the plaintiff from the 2nd defendant at a time when there were disputes between defendants 1 and 2 and they were never acted upon. They further contended that the family of defendants 1 to 3 alone were in possession and enjoyment of the lands in question. They also submitted that, in any event, the 2nd defendant was not competent to lease out the lands in excess of her share in the famaily properties. The 1st defendant is not interested in item 9 of the plaint schedule.

( 6 ) THE learned District Munsif allowed the petition filed by the plaintiff for a temporary injunction. He rejected the contentions put forward by the defendants 1 to 3 and held that the plaintiff was entitled to a temporary injunction as prayed for. Questioning his order, the defendants 1 and 3 filed an appeal in the Court of the District Judge, guntur. The learned Judge allowed the appeal, primarily, holding that the 2nd defendant was not competent to execute a lease deed so as to cover even the 1st defendant s share in the joint family lands in excess of her share, and at any rate, the lease executed by her would not operate in respect of 1st defendant s share in the family properties. He observed that the lessee from one co-sharer is not entitled to claim injunction against ano

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