VENKATESWARA RAO, J.

( 1 ) THIS appeal arises out of a suit flied for a declaration that a sale held u/s. 5 of the Andhra Pradesh Revenue Recovery Act, 1864 (hereinafter referred to as the Act) on 2-11-1967 is void and for recovery of possession of certain lands in consequence thereof. The plaintiff in the suit is the appellant before this Court.

( 2 ) THE facts that led to the institution of the suit out of which this appeal has arisen may briefly be stated. The plaint schedule lands measuring: Ac. 5-86 cents originally belonged to the joint family of which the plaintiff, his two brothers, Raghuramaiah and Sankariah and their father Venkata Subbaiah, were members. Sankariah, the younger brother of the plaintiff, mortgaged the lands belonging to the family in favour of the State. which is the first defendant in consideration of his having been granted a well subsidy loan of Rs. 750. 00 in about the year 1951. After the death of Venkatasubbaiah, there was partition of the family properties between the plaintiff and his brother in the year 1954 as can be seen from Ex, B. 13 which is a registered copy of the partition deed executed on 28-7-1954. As a result of the partition covered by

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