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1947 Supreme(Mad) 342

YAHYA ALI
Nalluri Subbarayudu – Appellant
Versus
Ranpati Ramanaiah and others – Respondent


Advocates Appeared:
.D. Munikanniah for Appellant.
M.S. Ramachandra Rao, V. Rangachari and K. Mangachari for Respondents.

Judgment.-

The suit out of which this appeal arises was filed by the first respondent for a permanent injunction, but subsequently the plaint was amended so as to convert it into one for possession and in the alternative for partition and separate possession of the suit property. The facts that have been found by the Courts below are these. The second and third defendants are brothers who owned, among other properties, land measuring 8 acres and 96 cents. The second defendant is the elder of the two and he was residing in the village. The third defendant was employed in Government service and at the material time he was the Head Accountant in the Revenue Department at Guntur. They constituted an undivided family, although at one time an attempt was made to set up a case that they were divided. The senior brother, the second defendant, was the manager, although, here again, an attempt was made to claim that the younger brother, the third defendant, was managing the properties. In 1936, the entire plot of 8 acres and 96 cents. referred to above was leased to the first defendant, who is the appellant here, for a period of seven years and the lease was to expire at the end of the year














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