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1949 Supreme(SC) 9

Kalidindi Ramakrishna Raju and another – Appellant
Versus
Kalidindi Narayana Raju and others – Respondent


Advocates Appeared:
White, Lambert, Douglas Grant and Co., B.A. Parikh, C.S. Rewcastle, L.E.S. Fellows, J.M.R. Jayakar, P.V. Subba Row, Herbert Cunliffe

Lord Porter.-

This is an appeal from a judgment and decree of the High Court of Judicature at Madras dated 2nd January 1915, which reversed the judgment and decree of the Court of the Subordinate Judge of Ellore dated 9th September 1942.

[2] The question for determination is whether an exchange deed in respect of certain properties entered into on 11th February 1934, between appellant 1 and respondent 1, who are brothers, is valid and binding upon respondents 2 and 3, who are minors and sons of respondent 1. The suit was brought on 9th February 1937, by respondents 2 and 3 against respondent 1 and appellant 1 to set aside the exchange deed.

[3] The trial Court held that the agreement was in the nature of a family arrangement and was binding on the minor respondents but the High Court reversed this finding.

[4] The parties to this appeal belong to the village of Pedapulleru and are all members of the same family. Their relationship is shown in the sub-joined pedigree.

[5] Bapiraju had a son Tammiraju and five grandsons, Narayana Raju respondent 1, Ramakrishna Raju appellant 1, Ramachandra Raju, Venkatapathi Raju and Balarama Raju who all constituted a Hindu joint family. Bapiraju managed




































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