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1953 Supreme(Mad) 47

VENKATARAMA AYYAR
Kallubandi Nanjamma – Appellant
Versus
Kethe Rangappa – Respondent


Advocates:
A. Bhujanga Rao and D.R. Krishna Rao for Appellant.
T.R. Srinivasan for Respondents.

Judgment.-

This is an appeal by the plaintiff against the judgment and decree in A.S.No.26 of 1948 on the file of the District Court, Anantapur, which confirmed the decree of the District Munsif, Penukonda, in O.S.No.238 of 1946. Defendants 6 and 7 are brothers and they owned items 1 and 2 and a half share in item 3 as co-sharers, each being entitled to a moiety thereof. On 5th August, 1932, they executed a deed of gift Exhibit A-1 settling the said properties along with others on the plaintiff who is the daughter of the 7th defendant. At that time the 6th defendant was indebted to the 4th defendant under pronotes dated 15th March, 1932 and 25th July, 1932. On 20th July, 1935, the 6th defendant agreed to sell item 3 to the 4th defendant in discharge of the promissory note dated 25th July, 1932; and he having defaulted in executing a sale deed in pursuance of the agreement the 4th defendant filed O.S.No.78 of 1937 on the file of the District Munsif’s Court, Penukonda, for specific performance of the agreement and that was decreed with costs on 3rd March, 1937. In execution of this decree, a sale deed was executed by the Court in favour of the 4th defendant under Order 21, rule 34, Ci




























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