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1942 Supreme(Mad) 350

Chippagiri Nagireddi – Appellant
Versus
Venkadari Somappa – Respondent


JUDGMENT

1. One Linga Reddi and his nephew, the plaintiff in this case, were joint in estate. On the 24th July, 1930, Linga Reddi executed a promissory note for Rs. 400, in favour of one Bhimakka, who in 1932 instituted a suit to enforce payment. The payee obtained a decree and in execution proceedings attached immovable property belonging to the family. The property was sold by the Court and was purchased by the defendant, to whom a sale certificate was granted on the 27th November, 1933. When the defendant attempted to enter into possession he was obstructed by the plaintiff. Consequently the defendant applied to the Court for an order directing the removal of obstruction and on the 6th February, 1936, his application was granted. Thereupon the plaintiff filed the suit which has given rise to this appeal. He contended that as he was not a party to Bhimakkas suit his share in the property attached by the decree-holder was not liable to be sold. Although Linga Reddi was the manager of the family the suit had been filed against him personally and there was no suggestion in the pleadings or in the decree that the debt had been incurred for a family necessity. The defendants reply was















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