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1959 Supreme(AP) 61

M.SESHACHALAPATI, MANOHAR PERSHAD
Kasibhatla Satyanarayana Sastrulu – Appellant
Versus
Kasibhatla Mallikarjuna Sastrulu – Respondent


( 1 ) THESE three appeals arise out of the final decree proceedings passed in O. S. 32 of 1946, on the file of the District Court, Anantapur. The above suit was instituted by the present appellants for the partition and separate possession of their share in the joint family properties described in plaint schedules A to D, and allotting to them one share and to the defendants 1 and 2 the other share. The case of the plaintiffs is that the father of the 1st plaintiff and the 1st defendant were the sons of one Madhavayya. Madhavayya and his two sons, Ramayya, the 1st plaintiffs father, and the 1st defendant Venkata Subbaiah, constituted an undivided Hindu family owning the joint family properties referred to in the plaint schedules. It is alleged that Madhavayya died in or about 1935, and that even during his life time the 1st plaintiffs father, Ramayya was living separately and that out of 590 acres of land Ramayya was put in possession of 170 acres. It is further alleged that defendants 1 and 2 had been in possession of the rest of the lands, the family outstandings and moveables and that certain lands referred to in the Schedule C to the plaint. It is also alleged that defendants 4


















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