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1952 Supreme(Mad) 180

SATYANARAYANA RAO, RAJAGOPALAN
Grandhi Ramakrishnayya – Appellant
Versus
Grandhi Atchutha Ramayya – Respondent


Advocates:
K. Ramamurthi for Appellants.
N. Bapiraju for Respondents.

Judgment.-

There is an appeal by the defendants and a memorandum of cross-objections by the plaintiffs against the decree of the Subordinate Judge of Rajahmundry in the suit O.S. No. 126 of 1947 for partition. The first defendant is the father of plaintiffs 1 to 3. Plaintiffs 2 and 3 are minors represented by their next friend and brother the first plaintiff. They are the sons by the deceased first wife of the first defendant, and the second defendant is the second wife of the first defendant. The third defendant is the son of the first defendant, born on 15th November, 1947, during the pendency of this suit which was instituted on 13th March, 1947. The suit was preceded by a notice of 1st December, 1946, Exhibit B-1, issued on behalf of the plaintiffs by their pleader, in which they claimed a partition of the family properties into four shares and for delivery of possession of three out of them to the plaintiffs. In the suit, the plaintiffs claimed a division of the properties specified in A, B, C and D schedules into four equal shares and for allotment of three shares to the plaintiffs and also for recovery of profits of Rs. 1,360 for 1946. The first defendant, the father, claimed








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