P. RAMACHANDRA RAJU, J.

( 1 ) THE Second Appeal arises out of 0. S. No. 693/72. a claim suit filed by the plaintiff-appellant, on the following material facts. The property involved in the suit belonged to the 2nd defendant, the plaintiff s elder brother, the 2nd defendant having been allotted that property to his share under a registered partition deed of the Year 1947. The 1st defendant is the brother-in-law of the 2nd defendant. The 1st defendant s mother is the sister of the father of the plaintiff and the 2nd defendant. The 1st defendant obtained an exparte money decree against the 2nd defendant in O. S. No. 118/70 on the file of the Sub-Court, Eluru. In E. P. No. 157/71 the 1st defendant attached the scheduled property on 13-8-1971. The plaintiff intervened with a claim petition in E. A. No. 687/71 which was dismissed on 22-4-1972 by an order of the Subordinate Judge, the certified copy of which is filed as Ex A. 15. The plaintiff thereupon filed the claim suit O. S No. 693/72 on the file of the Dist. Munsif s court, eluru. The basis of the claim and the claim suit is the agreement Ex. A. 1 dt. 22-2-1961 executed by the 2nd defendant for him self and as guardian of his minor s

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