j. padmini wife of m. jayaraj filed c. m. p. 2227/72 for being brought on record as the second appellant on the ground that she was the only person competent to represent the estate of the deceased raja maheswara rao.
padmini to be impleaded as appellant but declined the prayer for substitution as appellant of isherdas sahni bros.
p limited on the ground that the said companypany was the assignee of late raja maheswara rao and was still his legal representative and should be impleaded in his place.
on october 14 1966 raja maheswara rao sold his half share in odeon to n. c. subramaniam and his sons who in their turn sold that share to isherdas sahni bros.
during the pendency of the appeal the plaintiff died leaving a will and by an order passed by the court on october 13 1967 the executor appointed by the plaintiff under the will was impleaded as second respondent in the appeal.
v. gupte p. kothandaraman and g. n. rao for the appellant.
the present appeal has been brought against that judgment.
in 1965 raja maheswara rao filed a suit in which it was stated that apart from other properties owned by the two brothers odeon cinema which companysisted of land buildings theatre furniture talkie equipment etc.
appeal by certificate from the judgment and decree dated december 21 1970 of the high companyrt of madras in o.s.
t. desai a. subhashini and 4.
during the pendency of the appeal in this companyrt ramamurthi iyer the executor appointed by the will of late raja maheswara rao who had filed the appeal here died on december 24 1971.
p limited the companypany was however allowed to intervene in the appeal.
civil appellate jurisdiction civil appeal number 871 of 1971.
was owned by them in equal shares.
anumberher petition c. m. p. 1781/72 was filed in this companyrt by isherdas sahni bros.
accordingly the appeal was allowed and the trial judge was directed to restore the suit to his file and frame the necessary additional issue and proceed to dispose of the request made by the defendant under s. 3 1 of the act in accordance with law.
v. ranagam for the respondent.
on july 18 1972 this court allowed smt.
raja v. rajeswara rao the respondent herein and raja v. maheswara rao deceased who were brothers owned the cinema knumbern as odeon at woods road madras in equal shares.
the judgment of the companyrt was delivered by grover j. this is an appeal by certificate from a judgment of the madras high companyrt arising out of a suit for partition instituted on the original side of that companyrt.
this property was leased out by them to isherdas sahni bros.
appeal number 108 of 1966.
the lease in favour of isherdas sahni bros.
raja rajeswara rao who was defendant in the original suit filed an appeal to the division bench of the high companyrt.
natesan n. c. raghvachari and k. javaram for the intervener.
