LACHA REDDI AND OTHERS Vs. VENKAMMA AND OTHERS

JUDGEMENT

(1.) THE plaintiffs are the appellants. Originally there were eleven plaintiffs. But, as plaintiffs 1 to 4 were unwilling to prosecute the suit they were transposed as defendants 17 to 20. The suit giving rise to this appeal was instituted "in forma pauperis'' in the subordinate Judge's Court, Nellore, for partition and separate possession of plaintiffs' share in the property set out in schedules A to D of the plaint and to recover mesne profits as mentioned in the plaint E schedule and for other incidental reliefs.

(2.) THE undisputed facts may be stated briefly in order to appreciate the contentions of the parties. Some time in the year 1904 the creditors of the family of the plaintiffs filed O.S. 1 of 1904 in the District Court, Nellore, for recovery of money due to them and obtained a decree. In execution of this decree, the properties covering about 120 acres of the land were brought to sale and they were purchased by two persons by name Y. Raghavareddy and N. Ramayya Chetty. The auction purchasers sold the properties to one Rebala Subbareddy on 11 -8 -1908 under Ex. A -4 for a sum of Rs. 5,000.

(3.) DEFENDANT 1, as already stated, is the mother of the present defendants 17 to 20. Defendant 2 is the father of the present plaintiffs 1 to 3, defendant 3 being the father of the present plaintiffs 4 to 7. Defendant 4 is the brother of defendants 2 and 3. Defendants 5 to 13 are either the original alienees from defendant 1 or subsequent purchasers from them. The real contesting defendants to the suit are defendants 5, 7 and 13, the other defendants allowing the suit to proceed ex parte.