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1936 Supreme(Mad) 474

VENKATARAMANA RAO
Kundula Ramayya – Appellant
Versus
Bangaru Rangaraju – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This batch of revision petitions arises out of an order for rateable distribution of the sale proceeds of property realised in execution of a decree in O.S. No. 23 of 1931 passed by the Subordinate Judge of Narsapur. This order is impeached by the petitioner the decree-holder in the said suit on the ground that the sale proceeds are not liable to be distributed. To appreciate the contentions raised en his behalf by his learned Counsel ? Mr. Suryanarayana, a few facts may be necessary. the petitioner filed a suit the, said O.S. No. 23 of 1931 against one Chunduri Panakala Rao and his three sons to recover a sum of Rs. 9,192 9-0 on foot of a promissory note executed by the said Chunduri Panakala Rao in bis favour. It is admitted that the said Chunduri Panakala Rao and his three sons who are defendants Nos. 2 to 4 in that suit form members of an undivided Hindu family. The allegation in the plaint is that the debt was contracted by the father for a necessary purpose and, therefore, the debt is binding on the sons. The prayer in the plaint is that a decree may be passed against the 1st defendant, the father personally, and against the joint family proper














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