DUMPALA RAMACHANDRA REDDY Vs. DUMPALA KANTA REDDY ALIAS LAKSHMIKANTA REDDY
LAWS(APH)-1971-11-16
HIGH COURT OF ANDHRA PRADESH
Decided on November 07,1971

DUMPALA RAMACHANDRA REDDY Appellant
VERSUS
DUMPALA KANTA REDDY ALIAS LAKSHMIKANTA REDDY Respondents

JUDGEMENT

- (1.) 1st defendant in O.S. No. 25 of 1966 on the file of the Court of the Principal District Munsif, Kurnool, is the appellant. The 1st respondent- plaintiff sued for declaration of his right to receive half or in the ratio of 29: 30 in the amount that may be collected by the 1st defendant from the defendants 2 to 12 on the pronote Exhibit B-1 executed by one P. Vengal Reddy on 22nd July, 1961 in favour of the 1st defendant for a sum of Rs. 24,000.
(2.) The plaintiff and the 1st defendant are brothers who constituted a Hindu joint family up till 25th January, 1957, when they divided. One P. Venkata Ranga Reddy, the. maternal uncle of the plaintiff and the 1st defendant, was indebted to their family on two promissory notes executed by him for sums of Rs. 12,000 and 11,600 on 28th June, 1952 and 10th july, 1952 respectively in favour of the 1st defendant. The aforesaid Ventata Ranga Reddy was in great financial difficulties. At the time of the partition between the plaintiff and the 1st defendant, according to the plaintiff the pronote for Rs. 12,000 was provisionally allotted to the 1st defendant and the other for a sum of Rs. 11,600 was taken provisionally to the plaintiff's half share. According to the plaint case, there was an agreement between the plaintiff and the 1st defendant on the advice of their mother (P.W. 6) and others who were present at the time of partition, to divide equally the amount that might be collected in future from Venkata Ranga Reddy's family in respect of the two aforesaid promissory notes. No amount could be realised from late Venkata Ranga Reddy during his life time, but, however, P. Vengal Reddy,the brother of late Venkata Ranga Reddy, executed Exhibit B-1 for a sum of Rs. 24,000 in the name of the 1st defendant after giving up the interest. P. Vengala Reddy also died without paying any amount due and payable by him under Exhibit B-1. The defendants 2 and 3 have executed a promissory note in favour of the 1st defendant for a sum of Rs. 28,320 in respect of which amount the plaintiff seeks for declaration of his half share.
(3.) The 1st respondent resisted the claim of the plaintiff contending inter alia that the division of the promissory notes referred to earlier was not tentative or provisional, but was final and there was no agreement to devide the amount that might be collected from the family of late Venkata Ranga Reddy and Exhibit B-1 was executed by Vengala Reddy on account of fresh borrowing from him and the plaintiff is not entitled for any share therein. It was further urged that the suit is misconceived and not maintainable.;


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