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1944 Supreme(Mad) 324

ALFRED HENRY LIONEL LEACH
Ayinampudi Kotayya – Appellant
Versus
Ayinampudi Krishna Rao minor by mother and guardian Ayinampudi Ammemma – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This appeal arises out of a suit for partition filed by the minor sons of one Rama Rao who died in the month of May 1941. They sued through their mother as their next friend. The principal defendants were their grandfather (the first defendant), their uncle Tatayya (the second defendant), and their aunt Vemuri Sitaramamma (the third defendant). A notice demanding a partition was served upon the first defendant, the manager, by the plaintiffs mother, who was their lawful guardian, on the 27th October, 1941. The suit was instituted on the 29th of the following month. The first defendant did not object to a partition and a decree for partition was granted. The appellants are the first three defendants. They contend that the Subordinate Judge erred in declaring that a gift of two acres of land by the first defendant in favour of his daughter the third defendant, was not binding on the family. They further contend that the Subordinate Judge erred in refusing to,, allow certain debts incurred by the first defendant to be charged against the family estate. We have no hesitation in concurring in the findings of the Subordinate Judge.

2. The family e







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