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1957 Supreme(AP) 178

JAGMOHAN REDDY, K.SUBBA RAO
V. Lakshminarayana Sastry – Appellant
Versus
V. Sitarama Sastry – Respondent


( 1 ) THIS is a petition for leave to appeal to the Supreme Court against the judgment of the Madras High Court in A. S. No. 162 of 1947 on its file which, on the constitution of the Andhra High Court, has been transferred to this Court. The suit was filed for partition of ten items. The defendants pleaded that some items were not joint family properties, while some other items were sold jointly along with the plaintiff. The learned Subordinate Judge held that items 1 to 4 were not joint family properties, that half of the fifth item was in possession of the plaintiff, that the alienation of items 6 and 8 were binding on the plaintiff, that items 7 and 9 were acquired by the Government, that the plaintiff was entitled to half of the compensation amount, and that the plaintiff would be entitled to half the value of the site, item 10, which the learned Subordinate Judge valued as in 1928, when the site was purchased. The learned Judge dismissed the suit in respect of the superstructure. The plaintiff preferred an appeal against the judgment of the learned Subordinate Judge in so far as it went against him. The defendants filed cross-objections.

( 2 ) IN the appeal, the Madras High Co




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