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1930 Supreme(Mad) 63

RAMESAM
Tallapragada Appa Rao – Appellant
Versus
Kasangi Venkappa – Respondent


JUDGMENT

Ramesam, J.

1. These petitions are filed against the order of the Subordinate Judge of Ellore on applications filed under Order 21, Rule 100, Schedule 1, Civil P.C. (E. A. Nos. 199 and 201 to 206) in O.S. No. 98 of 1926. E.A. No. 206 and a. portion of E.A. No. 205 were dismissed and the rest of the petitions were allowed.

2. The opposite party namely the decree-holder in the main suit files these revision petitions.

3. The facts out of which these petitions arise may now be stated. The main suit is a dispute between two persons who are half-brothers. The plaintiff is the younger brother and the defendant is the elder.

4. The plaintiffs case was that during the lifetime of the father in 1924 there was a division of the fathers property by the father himself according to which two-thirds share was allotted to the plaintiff and one-third to the defendant, and each was enjoying his separate share, the plaintiffs enjoyment being through his father as he was a minor.

5. After the fathers death the elder brother refused to recognize the younger brothers right to more than half a share and contended that the division was in two shares, with the result that a suit had to be filed on beha























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