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1954 Supreme(Mad) 386

K.SUBBA RAO
Kalathooru Raghava Reddi – Appellant
Versus
Kalathooru Venkata Reddi (died), Kalathooru Buchireddi – Respondent


Advocates:
The Government Pleader (P. Satyanarayana Raju) for Appellant.
Alladi Kuppuswami and T. Ramachandra Rao for Respondents 2 and 3.

Judgment.-

This appeal is by the first defendant against the decree and judgment of the Court of the District Judge of Chittoor setting aside that of the District Munsif’s Court, Tirupathi, in O.S.No. 371 of 1945, a suit filed by the plaintiffs for a declaration of their title to five 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 Reddi, A. Raghava Reddi and A. Balarama Reddi 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 Reddi and K. Sesha Reddi, C. schedule to the first defendant and D. schedule to the second defendant. The plaintiff’s case is that the plaint schedule property, i.e., five ankanams of thatched cattle-shed was included as item No. 11 in the A. schedule properties allotted





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