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1998 Supreme(AP) 890

C.V.N.SASTRY
V. V. V. RAMARAJU – Appellant
Versus
KORADA MALLESWARA RAO – Respondent


C. V. N. SASTRY, J.

( 1 ) THE unsuccessful plaintiffs in the suit are the appellants in this appeal. They are the sons of 9th defendant in the suit. For the sake of convenience the part es will be referred to herein as per their rank in the suit.

( 2 ) THE plaintiffs and the 9th defendant were members of a Joint Hindufamily. Plaint a Schedule property which consists of a village site together with a thatched house therein, was the joint family property of the plaintiffs and the 9th defendant. The suit is filed for a declaration that the sale deed ex. B-2 dated 11-12-1962 executed by the 9th defendant in favour of the 1st defendant in respect of the suit property and the subsequent alienation of the same by defendants 1 to 4 in favour of defendants 5 to 8 under Ex. B-3, ex. B-4 and Ex. B-5 are not valid and binding on the plaintiffs and for consequential relief of partition and separate possession of 2/3rdshare therein to the plaintiffs and for other incidental reliefs. It appears that the 9th defendant was involved in a protracted litigation with one Narasimharaju, which went on from the year 1942 to 1962. For the purpose of meeting the said litigation expenses, the 9th defendant









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