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1949 Supreme(Mad) 196

SUBBA RAO, SOMASUNDARAM
Budaraju Venkatarathna Rao (since deceased) – Appellant
Versus
Budaraju Venkatasubbiah – Respondent


Advocates:
K. Kotayya for Appellants.
K. Umamaheswaram and B.S. Ramachandra Rao for Respondents,

Judgment

Subba Rao, J.-This is an appeal against the order of the Subordinate Judge, Bapatla, directing the sale of the properties that fell to the share of the appellants in a partition. The material facts may be briefly stated:

One Budaraju Venkata Subbayya and his sons instituted O.S. No. 106 of 1924 on the file of the Subordinate Judge’s Court, Bapatla, against the first defendant and his sons for partition and possession of their half share in the family properties and also for an account and recovery of the amounts pertaining to their share. The first defendant to that suit is Budaraju Hanumantha Rao, the second defendant is his son, Ramakoteswara Rao and the other defendants are the other sons of Hanumantha Rao. The suit was decreed as prayed for. Under the decree a sum of Rs. 4,635-7-9 was directed to be paid by the first and second defendants to the plaintiffs. The plaintiffs also obtained a charge on the shares of the first and the second defendants. The appellants are the sons of the second defendant, Ramakoteswara Rao. They were born subsequent to the filing of the aforesaid suit. Pending the suit, the seventh and the eighth defendants filed a suit against their father, g























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