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1943 Supreme(Mad) 2

ALFRED HENRY LIONEL LEACH
Yella Venkatasubbayya – Appellant
Versus
Yella Venkataramayya – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The plaintiff in the suit out of which this appeal arises was the first respondent, who is the son of the second respondent. The first respondent sued in the Court of the District Munsiff of Guntur for partition of the family properties and in effect for a declaration that he was not bound by certain alienations made by his father. The plaintiffs father and mother were converted to Christianity on the 2nd December, 1917. Up to then the father and son constituted a joint Hindu family. At the time of the conversion the first respondent was only three years of age. The evidence shows that the father continued to regard himself as being joint with his son. He lived as a Hindu and he married his son and three of his daughters to Hindus, the marriage ceremonies being performed according to Hindu rites. In 1928, he was re-converted to Hinduism. The son did not attain his majority till the 1st July, 1932. On the 10th March, 1930, the second respondent created a mortgage over the properties described in Schedule A to the plaint in favour of one S. Ramaseshayya, the fourth defendant in the suit. Ramaseshayya assigned his mortgage to the firm of Jiva





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