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1937 Supreme(Mad) 196

VENKATARAMANA RAO
Dimala Narasu – Appellant
Versus
Ingili Baitharu – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This second appeal arises out of a suit brought by the two daughters of one Lingaraju Bytharu, a resident of Pandyajholi village, Berhampore taluk, Ganjam district, for a declaration that the compromise decree suffered by their grandmother Dimmala Mutyalu in Order. 8. No. 178 of 1921 on the file of the Court of the District Munsif of Berhampore is null and void and not binding on them. The ground alleged was that the properties, which were dealt with by the compromise decree, belonged to their father in his sole and absolute right, that they were devised by him before his death in favour of his daughters, the plaintiffs in this suit and another daughter since deceased, on certain terms mentioned in his last will and testament dated 12th August 1920, and that by reason of the gross negligence of their grandmother she was induced to enter into a compromise by Somanatha Bythari, the father of the defendants, and the paternal uncle of their father by reason whereof they lost a considerable portion of the property. The learned District Munsif upheld their plea and set aside the compromise decree. The learned Subordinate Judge reversed the decision of the



























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