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1964 Supreme(AP) 209

GOPALA KRISHNAN NAIR, P.CHANDRA REDDY, VENKATESAM
Kanamathareddi Kanna Reddy – Appellant
Versus
Kanamatha Reddy Venkata Reddy – Respondent


GOPALAKRISHANAN NAIR, J.

( 1 ) THIS is an appeal from the Judgment of the Subordinate Judge at Eluru dismissing a suit for partition instituted by the plaintiff-appellant. The plaintiff claimed that he and his son, the defendant, constituted a joint Hindu family and that the movable and the immovable properties described in the plaint A, B, and C Schedules were coparcenary properties. He stated, however, that on 22-5-1958, the defendant coerced him to sign a document which purported to be a deed of partition of the joint family properties. This documents was written by D. W. 1, the karnam of the village. In spite of plaintiffs protests, his son forced him to sign it. This took place in the presence of the Karnam and the plaintiffs son-in-law. The plaintiff never agreed to the partition and the document which he was coerced to sign is not binding on him. Subsequently, the plaintiff was made to endorse in favour of the defendant, the promissory notes mentioned in the Plaint C. Schedule. This also was repudiated by the plaintiff as invalid and devoid of legal effect. Besides, the document of partition was totally invalid for want of registration. For these reasons, the plaintiff claim



























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