(1.) These appeals arise out of O. S. 65 of 1957 and O. S. 83 of 55 on the file of the Subordinate Judge, Eluru, respectively which were tried together as connected. For the said reason, the appeals are heard together.
(2.) O. S. 65 of 1957 was filed by the sons of the 1st defendant, Chityala Ramakrishnamurthi as paupers for the partition of family properties into three equal shares and allotment of two such shares to the plaintiffs and for other incidental reliefs.
(3.) The case they alleged is that they and the 1st defendant, their father, constituted an undivided Hindu family. Defendants 4 to 6 are their unmarried sisters, and the 3rd defendant is their mother. The 2nd defendant is the divided brother of the 1st defendant, they having partitioned in or about 1926. It is their case that their father became addicted to vices and so inclined debts for illegal and immoral purposes. The 1st defendant, their father, executed two sale deeds in favour of the 2nd defendant, his divided brother, Exs. 8-11 dated 21-8-1946 and B-12 dated 9-8-1952 in respect of their family properties. They alleged that they were not supported by consideration and that the debts referred to in the sale deeds were fictitious or in the alternative they alleged that the debts were contracted for illegal and immoral purposes. As such they would not bind them and so they disregarded the alienations and claimed partition. Ex. B-11 concerned item 1 of A schedule and Ex. B-12 item 2 of A sch. Defendants 1 and 3 to 6 remained ex parte.