The Chief Justice.-The plaintiff in O.S. No. 44 of 1946 in the Court of the Subordinate Judge of Chittoor is the appellant. The suit was for a declaration of his title to certain properties described in Schedule A to the plaint and for an injunction restraining the defendants from interfering with his possession and enjoyment of some of the items in Schedule A described separately in Schedule B.

The suit properties according to the plaintiff originally belonged to one Megavaram Nayanim Varu, the father of defendants 1 and 2 and the grandfather of defendant 5. One K.L.Narasimhachari obtained a decree in O.S. No. 4s of 1940 on the file of the Sub-Court, Chittoor, against the present defendants 1 and 2 and the father of defendant 5 for the amount due to him under a promissory note executed by Megavaram. That decree was passed on 19th June, 1940. After two applications filed in 1941, E.P. No. 3 of 1942 was filed by the original decree-holder against the father of defendant 5, defendant 1 and defendant 2 who was then a minor represented by his mother as his guardian in which inter alia there was a prayer for attachment of properties belonging to the family including the suit properties.

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