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1956 Supreme(AP) 164

Kotha Seshamma – Appellant
Versus
Pittala Venkayya – Respondent


( 1 ) DEFENDANTS 6 to 12 are the appellants in this Second Appeal, which arises out of a suit filed on 11th May, 1949, by the plaintiffs for recovery of possession of land sold to them by defendants 1 to 5 under different sale deeds on nth February, 1946, or in the alternative for a decree directing a refund of the price of Rs. 500, paid to the vendors. The trial Court decreed the suit in respect of an 1/5 share of the lands and directed defendants 1, 4 and 5 to refund Rs. 400, to the plaintiffs in respect of the remaining 4/5th share not decreed to them. On appeal, the lower appellate Court granted the plaintiffs a decree for 4/5th share of the lands and Rs. 100, by way of refund in respect of the remaining 1/5th share denied to the plaintiffs. In this Second Appeal, defendants 6 to 12 object to the appellate decree in so far as it awarded an additional 3/5th share to the plaintiffs.

( 2 ) THE facts, so far as they are material to the point of law argued before me are these. Defendants 2 to 5 are the sons of the first defendant, who sold under Exhibit B-1, 12 acres and 75 cents of ancestral lands to one A. Simhayya on 30th January, 1925, for Rs. 1,150. At the time of the sale, the










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