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1940 Supreme(Mad) 332

ALFRED HENRY LIONEL LEACH
Katuri Dharmarao – Appellant
Versus
Manepalli Bapanayya – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The appellant was the plaintiff in a suit filed in the Court of the Subordinate Judge of Bezwada in which he asked for partition of the family properties and for possession of his share. He also asked the Court to set aside an alienation made by his father on the 10th September, 1921. The family estate then consisted of two house sites in the town of Bezwada, one site measuring 290 sq. yards and the other 720 sq. yards. On each site was a house built of mud and stone. The property alienated by the father was the first of these properties. At that time the joint family consisted of the father (the sixth respondent in this appeal) and his two sons (the appellant and his younger brother, the second respondent). Both the sons were then minors. Three other sons were born to the father between the years 1921 and 1931. They are the third, fourth and fifth respondents. The plaint contained the usual allegation that the father had lived a debauched life and that the property had been sold in order that he might indulge in his depraved habits. The Subordinate Judge rejected this plea and in a judgment in which he considered the evidence in detail he









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