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1967 Supreme(AP) 203

GOPALRAO EKBOLE, M.SESHACHALAPATI, P.JAGMOHAN REDDY, SATYANARAYANA RAJU
Chinnappareddigari Pedda Muthylareddy – Appellant
Versus
Chinnappareddigari Venkatareddy – Respondent


P. JAGANMOHAN REDDY, J.

( 1 ) BASI Reddy, J. , being confronted with having to choose between two Full Bench decisions namely, Ramayya v. Achamma, AIR 1944 Mad 550 (FB) and K. Kanna Reddy v. K. Venkatareddy, AIR 1965 Andh Pra 274 (FB), both binding on him, dealing with the combined effect of Sec. 49 (c) of the Registration Act and Section 91 of the Evidence Act, referred the matter to a Division Bench which in turn referred it to a Full Bench.

( 2 ) THE plaintiff who is the first respondent in the appeal, filed the suit for partition of the joint family property and allotment to him of a half share, the first, second and fourth defendants being entitled to the other half share. Plaintiffs father Chinna Muthyalareddy, the first defendants father Nagi Reddy and the third defendants husband Chinna Nagireddy were brothers and were members of a joint Hindu family. Chinna Nagireddy, the husband of the third defendant, died issueless prior to 1937 and so the third defendant is said to be entitled only to maintenance. Plaintiffs father died about 40 years before the date of the suit. First defendants father died 1 1/2 years prior to the date of the suit, leaving two sons, viz. , the first




































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