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1954 Supreme(AP) 46

K.SUBBA RAO
Kalathooru Raghavareddi – Appellant
Versus
Kalathooru Venkataredii – Respondent


K. SUBBA RAO, J.

( 1 ) THIS appeal is by the 1st defendant against the decree and judgment of the Court of the District Judge of Chittoor, setting aside that of the District Munsifs Court of Thirupati in O. S. No. 371 of 1945, a shit filed by the plaintiff for a declaration of their title to 5 ankanams of thatched cattle shed and for a permanent injunction restraining the defendants from entering the plaint schedule property. The facts of the case may be briefly stated. The plaintiffs, defendants and others constituted members of a joint Hindu family. As disputes arose between them in regard to the division of properties, they referred their disputes to three named arbitrators, A. Venku Reddy, A. Raghava Reddy and A. Balarama Reddy, for effecting the partition. The arbitrators gave an award dividing the family assets and liabilities into four equal shares. "a" schedule was allotted to the plaintiffs, "b" schedule to Venkatarama Reddy and K. Sesha Reddy, "c" schedule to the 1st defendant and "d" schedule to the defendant. The plaintiffs case is that the plaint schedule property i. e. , 5 ankanams of thatched cattle shed was included as item 11 in the "a" schedule properties allotted





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