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1956 Supreme(AP) 194

Yelchuri Venkateswarlu – Appellant
Versus
Nukala Venkata Narasimham – Respondent


VISWANATHA SASTRI, J.

( 1 ) THIS is an appeal from the decree of the Subordinate judge of Bapatla dismissing a suit filed by two plaintiffs for recovery of Rs. 6,200 with interest from the first defendant personally and the properties of the joint family in his hands. The second defendant, the minor son of the first defendant, got himself impleaded as a party to the suit so as to enable him to contest the claim of the plaintiffs. The first plaintiff is the daughter s son of the and plaintiff the latter being alleged to be a benamidar for the former. The first plaintiff is the appellant before us, the second plaintiff being the 3rd respondent.

( 2 ) ON 22nd February, 1945, the first defendant sold under Exhibit A-1 an ancestral house belonging to himself and his minor son to the 2nd plaintiff for Rs. 4,000. The minor son, the present second defendant brought O. S. No. 56 of 1946 on the file of the Sub-Court, Bapatla, for recovery of possession of the hourse impeaching the sale under Exhibit A-1 as being devoid of consideration and not binding on the joint family, impleading his father and the purchaser as defendants to the suit. The trial Court declared the sale not to be binding on











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