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1971 Supreme(AP) 219

KODANDA RAMAYYA
Dumpala Ramachandra Reddy – Appellant
Versus
Dumpala Kanta Reddy alias lakshmikanta Reddy – Respondent


( 1 ) 1st defendant in O. S. No. 25 of 1966 on the file of the Court of the principal District Munsif, Kurnool, is the appellant. The 1st respondent- plaintiff sued for declaration of his right to receive half or in the ratio of 29: 30 in the amount that may be collected by the 1st defendant from the defendants 2 to 12 on the pronote Exhibit B-1 executed by one P. Vengal Reddy on 22nd July, 1961 in favour of the 1st defendant for a sum of Rs. 24,000.

( 2 ) THE plaintiff and the 1st defendant are brothers who constituted a Hindu joint family up till 25th January, 1957, when they divided. One P. Venkata ranga Reddy, the. maternal uncle of the plaintiff and the 1st defendant, was indebted to their family on two promissory notes executed by him for sums of rs. 12,000 and 11,600 on 28th June, 1952 and 10th july, 1952 respectively in favour of the 1st defendant. The aforesaid ventata Ranga Reddy was in great financial difficulties. At the time of the partition between the plaintiff and the 1st defendant, according to the plaintiff the pronote for Rs. 12,000 was provisionally allotted to the 1st defendant and the other for a sum of Rs. 11,600 was taken provisionally to the plaintiff s hal

















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