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1929 Supreme(Mad) 341

A AYYAR
(Yella) Ramayya – Appellant
Versus
(Chukkapalli) Kotayya – Respondent


JUDGMENT

Anantakrishna Ayyar, J.

1. Defendant 2 sold certain properties to plaintiff 1, Chukkapalli Kotayya and Bollineni Seshayya (father of plaintiffs 3 to 5) under Ex. B dated 2nd January 1902. As the result of O.S. No. 39 of 1918 instituted by one Somayajulu as the adopted son and heir of defendant 1s husband, the plaintiffs lost about two acres of land, it being held that defendant 2 had not acquired a good title to the same himself and that consequently he could not convey a good title in his turn to the plaintiffs with reference to these two acres. The judgment in O.S. No. 39 of 1918 was passed on 30th September 1919. On the ground that the possession of the said two acres was lost on the same date, the plaintiffs instituted the present suit to recover damages from defendant 2 in respect of the same. Defendants 3 to 5 are the sons of defendant 2. Defendants 2 to 5 contended that defendant 2 was merely a benamidar vendee under Ex. A dated 19th May 1900, and that the sale by defendant 2 to the plaintiffs under Ex. B on 2nd January 1902 was a nominal transaction and that he never had any interest In land and that Ex. B was only a nominal transaction. Both the lower Courts found a








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