TaxTMI 
TaxTMI 
2006 (5) TMI 558
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....July 1973 the first wife of Vuggina Suryanarayana, Chilakamma, died issueless. According to Pydamma, on the death of Suryanarayana and Chilakamma the properties in question devolved on her and her two daughters, who are respondent Nos. 2 and 3 herein. Pydamma, had filed an application for eviction of the appellants under the Andhra Pradesh (Andhra Area ) Tenancy Act 1956 ( in short 'the A.P. Tenancy Act' ) before the District Munsif-cum-Special Officer, Madugula, A.P. on 18th September, 1990, which came to be registered as ATC 3/90, without making her daughters, being the respondent Nos.2 and 3 herein, as parties to the same. Pydamma in her eviction petition claimed eviction, inter-alia, on the grounds of default and sub- letting. It was also the case of Pydamma in her eviction petition that she had inducted the appellants as lessees in respect of the properties in question and after payment of rent for some time, the appellants had stopped paying, inter-alia, on the ground that they had inherited the properties in question on the death of the first wife of Surynanarayana, i.e. Chilkamma. In defence, the appellants pleaded that as they were the nephews of late Suryanarayana....
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....after about 20 years and it is also an admitted fact that they did not approach either the trial court or the appellate court for their impleadment in the eviction petition in respect of the properties in question. By the impugned order, the High Court, while exercising power under Article 227 of the Constitution, inter- alia, held that the appellants were liable to be evicted on the grounds of sub-letting and non-payment of rent. It was also found that the appellants were inducted by Pydamma alone, in the properties in question although at the relevant point of time she did not acquire any right, title or interest in the properties in question on the death of the first wife, Chilkamma. On the date the civil revision case was allowed, the application for impleadment filed by the daughters of Pyadamma i.e. respondent Nos.2 and 3 was also allowed. Two Special Leave Petitions were filed in this Court at the instance of the appellants, one against the main order passed in civil revision case and the other allowing the application for impleadment filed by the daughters, being respondent Nos.2 and 3 herein, under Order 1 Rule 10 of the Code of Civil Procedure. The Special Leave Petiti....
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....under Order 1 Rule 10 of CPC, the Court would only decide whether the presence of the applicant before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the proceedings. But in the facts and circumstances of the present case, we are of the view that the question of strict proof whether respondents 2 and 3 were also entitled to evict the appellants from the properties in question may not be germane for decision of this case. It is an admitted position that respondents 2 and 3 were born out of the wedlock of late Suryanarayana and Pydamma during the subsistence of the marriage between Suryanarayana and Chilakamma. Even assuming, the marriage between late Suryanarayana and Pydamma cannot be treated as a valid marriage because of the subsistence of the marriage between late Suryanarayana and Chilakamma, considering the fact that respondents 2 and 3 were born out of the marriage between Suryanarayana and Pydamma, they would be entitled to succeed to the properties on the death of Suryanarayana and Chilakamma. In this connection, we may consider certain provisions of the Hindu Marriage Act, 19....
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....ayer for grant of eviction of a lessee was made, it would not be necessary to decide that the daughters, respondent Nos. 2 and 3 comprehensively had to prove that on the death of Suryanarayana and Chilakamma, they were entitled to inherit the properties in question in the eviction proceedings. Therefore, it is not necessary to finally adjudicate upon the question of right, title and interest of the daughters with respect to the properties in question, which may be done in a comprehensive suit for title. Let us now come back to the other question i.e. whether an eviction proceeding could be maintained by Pydamma, respondent No.1 herein, against the appellants, even if she was not found entitled to inherit the properties of late Suryanarayana. The High Court in its judgment held that although Pydamma was not entitled to inherit the properties of Suryanarayana then also she was entitled to maintain eviction proceeding and obtain a decree/order for eviction under the A.P. Tenancy Act. The High Court in its impugned judgment held that only respondents 2 and 3 were entitled to succeed the properties in question and accordingly modified the findings of the Special Officer and the appel....