AMBATI PITCHAMMA Vs. JALADAMIS VEERASWAMI NAIDU ALIAS MUGIEH DIED JALADANKI DOSARATHARAMA NAIDU
HIGH COURT OF ANDHRA PRADESH
JALADAMIS VEERASWAMI NAIDU ALIAS MUGIEH (DIED) JALADANKI DOSARATHARAMA NAIDU
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Harasimham, J. -
(1.) This is an appeal under Clause 15 of the Letters Patent against the judgment of Umamaheswaram, J. D/- 23/02/1961 in A. S. No. 365 of 1956 by which he affirmed the judgment of the trial Court.
(2.) The suit was for setting aside the alienations or joint family properties and for partition; and recovery or possession of the Plaintiffs half-share therein. The Plaintiff in the suit were two of the sons of one Seshappa Naidu, who died in 1932. The first defendant is a brother and the second defendant was the widow of another brother, one Ramasubba Naidu, who died in 1948. The alienees of the Joint family properties were imp leaded as defendants 3 to 14. Defendants 15 to 22 were creditors who had obtained decrees. Defendants 23 to 25 were the legal representatives of some of the deceased creditors, me alienees resisted the suit taking various pleas and contending that the alienations bind the family. During the pendency of the suit, the second plaintiff died.
(3.) The learned Subordinate Judge declared that the allenations were not binding on the share of the first plaintiff and directed that he be put in possession of nis share. Defendant No, 4 was an alienee of items 13 to 18 of the Plaint A schedule and so far as those items were concerned, the learned Subordinate Judge directed that they be divided into four equal shares and that the first plaintiff be put in possession of one such share on payment of Rs. 798-6-0 to the fourth defendant. He decreed certain other reliefs, which, it would be unnecessary to consider for the purposes of this appeal,;
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