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1915 Supreme(Mad) 304

SPENCER, COUTTS-TROTTER
Karri Ramayya – Appellant
Versus
Villoori Jagannadham – Respondent


JUDGMENT

1. The suit was brought for the partition of a bariki service inam, which was enfranchised in 1905 in the name of the 1st defendant. The contesting defendants were the purchasers from the 1st defendant and three of his sons by a sale-deed executed in 1906. The plaintiff was a purchaser from the 1st defendants eldest son and two of his brothers in 1909. The brothers share in the joint family property being two-thirds and the 1st defendants sons being 1/15th, the claim of the plaintiff was to recover 11/15th of the whole inam. He got a decree accordingly in the first Court which was confirmed in appeal. The first question now raised is whether the defendants, Nos. 2 and 3 had a saleable interest prior to enfranchisement. The short answer to this is that the sale through Exhibit B, having been executed on 21st September 1909 subsequent to the enfranchisement, passed all the rights which they then possessed. There was a previous agreement to sell in 1906, which does not affect the question. At that date Chellamma, the mother of defendants Nos. 1 to 3, was, it is suggested, alive. The Sub ordinate Judge found that she died five or six years ago, which comes to about 1906 or 1907









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