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1953 Supreme(Mad) 154

RAMASWAMI GOUNDER
Mukku Venkata Rao, In re . . . . . In Re. – Appellant
Versus
. – Respondent


Advocates:
B.V. Ramanarasu for Petitioner.

Judgment.-

This is a Civil Revision Petition filed against the decree of the learned District Munsiff of Chodavaram in S.C.Suit No.56 of 1952.

The facts are: The plaintiff filed the suit claiming a share of the emoluments received by the defendants for officiating as Purohits at the marriage and other auspicious ceremonies conducted by them in the houses of Vysyas at Kothamalasa Dabalu. The plaintiff as P.W.1 stated that the right to officiate as purohit in the houses of Vysyas at Kothamalasa Dabalu exclusively belonged to him and that nobody else can officiate as such and that he had a right to collect half share of the emoluments collected by the defendants-usurpers and that in fact the defendants have been giving him his share of the emoluments. The defendants contended that the suit was not maintainable as it was only for a share in respect of emoluments paid to purohits on a voluntary basis and that the agreement set up by the plaintiff was wholly false. The learned District Munsiff found as a point of fact that the agreement set up by the plaintiff was not true and as a point of law that the suit in respect of voluntary offerings will not lie. He therefore dismissed the suit an




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