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1941 Supreme(Mad) 160

VENKATARAMANA RAO
Swarupchand Rayanji – Appellant
Versus
Majeti Janakiramayya – Respondent


JUDGMENT

Venkataramana Rao, J.

1. These two appeals arise out of a suit for partition filed by the plaintiff against his father the first defendant and his uncle the second defendant, whose estates were on the date of the suit vested in the Official Receiver, Kistna, who was impleaded as the twenty-first defendant. The plaintiff claimed a fourth share in all the properties comprised in the plaint and incidentally prayed for a declaration that certain alienations effected by the Official Receiver, Kistna, were not binding on his : share. Defendants 3 to 20 are the various alienees but these appeals are confined to the alienations in favour of defendants 4, 11, 12 and 13, Appeal No. 427 of 1938 is by defendants 12 and 13 while Appeal No. 428 of 1938 is by defendants 4 and 11. The properties which are the subject-matter of Appeal No. 427 of 1938 are items 4 and 5 of B Schedule and items 2 and 3 of C Schedule and the properties which are the subject-matter of Appeal No. 428,of 1938 are items 8 of A Schedule and 10 of B Schedule and item 1 of C Schedule. The various dates of sale to the said defendants are as follows:

12th defendant ... 19th September, 1932. (Ex. VII) 13th defendant ... 29




















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