KOUTARAPU VENKATA CHENCHAYYA Vs. KOUTARAPU RAMALINGAM AND ORS.

JUDGEMENT

(1.) THIS is an appeal by the Plaintiff from the judgment and decree of the Subordinate Judge, Tenali, dismissing O. S. No. 7 of 1948 a suit for partition, and recovery of possession of a half share in 16 items, of Immovable properties, which had been alienated by the Plaintiff's father. The relationship between, the main parties to the suit will be conveniently seen -from the following genealogical table:

(2.) THE first, Defendant supported the Plaintiff's case, while most of the other Defendants including the second Defendant contested. Their defence was twofold, firstly that the Plaintiff was not entitled -to claim a share in the properties as they were the separate property of the first Defendant and secondly that first . Defendant's alienations under Exhibits B -24 and B -34 were genuine and binding upon the Plaintiff.

(3.) SRI Neti Subrahmanyam, the learned Counsel for the Appellant, conceded before us that the sales in question were genuine and that It was impossible to support, the plaint allegation that they were nominal. He impugned them only on the ground that the consideration for them was either false or not binding upon the Plaintiff.