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1934 Supreme(Mad) 181

MADHAVAN NAIR
Venkatarayudu – Appellant
Versus
Sivaramakrishnayya – Respondent


JUDGMENT

Madhavan Nair, J.

1. This second appeal by defendants 2 and 4 to 9 is against the decree of the District Judge of Guntur in Appeals Nos. 50 and 77 of 1925 directing the partition of the suit properties into seven shares and delivery of one-seventh share to the plaintiffs together with mesne profits, which modified the preliminary decree for partition passed by the Subordinate Judge of Guntur in O.S. No. 55 of 1922. The facts necessary for the disposal of this second appeal are briefly these. The suit properties belong to a Joint Hindu family consisting of defendants 2 to 9. Defendant 2 is the father and defendants 3 to 8 are his sons. Defendant 9 is the son of defendant 3. In I.P. No. 14 of 1915 on the file of the District Court of Guntur, defendant 3 was adjudicated an insolvent and defendant 10 was appointed the Official Receiver. In the course of his administration of the insolvents estate, defendant 10 sold by public auction the one-seventh share of defendants 3 and 9 in the suit properties. Plaintiff 1 purchased one-seventh share in certain specified lots under the sale deed executed by the Official Receiver, Ex. A, dated 11th February 1919. The one-seventh share in the










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