PERIYALA TIRUVENGALACHARYULU Vs. PREIYALA VENKATAMMA AND ANOTHER

JUDGEMENT

(1.) Periyala Tiruvengalacharyulu, being minor represented by his uncle and next friend, Puranam Kondamacharyulu, as sole plaintiff, filed O.S. No. 171 of 1955 in the court of the District Munsiff, Rajahmundry fora declaration that a maintenance settlement deed (Ex A.1) dated 14-4-1950, which had been executed by his father, the second defendant (on behalf of himself and his biinor son namely, the plaintiff) in favour of the 1st Defendant was not binding on him (Plaintiff) and for a direction to the first defendant to render an account of amounts received under the terms of the settlement deed (Ex A-1) and for payment according to that account. The learned District Munsiff dismissed the suit with costs of the first defendant. Plaintiff filed an appeal in the court of the District Judge, East Godavari which came to be heard by the Subordinate Judge, Rajahmundry as A.S. No. 119 of 1956. The learned Subordinate Judge dismissed the appeal with costs. Thereupon, the plaintiff filed this second appeal.

(2.) Plaintiff was a minor when he filed this second appeal. Subsequently he was declared as a major in C.M.P. No. 2990 of 1961 by an order of this Court dated 4-4-1961.

(3.) The relevant recitals in the settlement deed (Ex A-1) are to the following effect.