1. This is a suit under Section 92 of the CPC in which the appellant has been joined as an alienee of the trust property and a declaration and decree for possession have been given against him.
2. According to the recent decision in Asam Raghavulu Setty v. Pellati Sitamma(1), it is not competent to the Court to grant these reliefs against an alienee in a suit under Section 92 of the CPC. The appeal must be allowed and the decree varied by dismissing the suit as against the 3rd defendant with costs throughout.
3. We are not prepared to interfere with the discretion exercised by the District Judge in not removing the 2nd defendant.
4. The memorandum of objections is dismissed with costs.
S.N/R.K
5. Appeal allowed;
6. Suit dismissed.