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1963 Supreme(AP) 140

A.GOPAL RAO
Kolaparti Venkatareddi – Appellant
Versus
Kolaparti Peda Venkatachalam – Respondent


GOPAL RAO EKBOTE, J.

( 1 ) THIS second appeal is preferred by the plaintiff whose suit has been dismissed by both the Courts below. The plaintiff kid the suit for a declaration that the document dated 29/05/1942, is void and inoperative as against the plaintiff. It was alleged that the plaintiff and his brother, the defendant, were divided some 20 years back. Under the said partition barber service inam lands belonging to the family were divided equally between them. The land described in the Schedule attached to the plaint fell to the share of the plaintiff. Apart from the barber service mam the plaintiff was appointed by the Government as a vettiyan. The defendant has no concern whatsoever with the office of the vettiyan or its emoluments. Taking undue advantage of the young age of the plaintiff the defendant got a document executed in his favour on 29-5-1943 under which the plaintiff was made to deliver the defendant a share of the emoluments of the vettiyan service. The suit land was taken as security for the payment of the said share. As the document is not supported by any consideration and so void, being opposed to public policy and forbidden by law, it is not binding on the













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