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TMI Blog2006 (5) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... akamma, 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 and as Suryanarayana had no issue out of his marriage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proach 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 Petition filed against the order allowing the application under Order 1 Rule 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sence 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, 1955 (in short 'the Act'). Section 5 of the Act clearly states t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 appellate authority holding that the daughters of late Suryanarayana who were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion on the ground of default and sub-letting under the A.P. Tenancy Act. We keep it on record that the learned counsel appearing for the appellants did not raise any objection on the findings of the High Court regarding default and sub- letting, before us. In this connection, we may also point out that in an eviction petition filed on the ground of sub-letting and default, the court needs to decide whether relationship of landlord and tenant exists and not the question of title to the properties in question, which may be incidentally gone into, but cannot be decided finally in the eviction proceeding. In this view of the matter and in view of the discussions made herein above, we are of the view that the eviction petition filed by respondent No.1 was maintainable in law and respondent No.1 was also entitled to obtain a decree/order of eviction. It is, however, made clear that the right of inheritance of the respondents to the properties in question has not been decided in the present proceedings. Any observation or findings in this judgment cannot be construed as final findings as to such right. For the reasons aforesaid, the appeal stands dismissed. There will be no order as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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