ALAMURI VENKATARAMAYYA Vs. ALAMURI GOPALA RAO

JUDGEMENT

(1.) THE appellants who are two in number was plaintiffs in the court below. They filed the in forma properties partition of plaint a and schedule immoveable properties into three each shares and for separate possession of two shares along with proportionate past profits. In alternative they sought the recovery of a sum Rs. 12,000/ - with interest chargeable on the properties in the suit. The 1st plaintiff attained majority two years before the presentation of the plaint. The plaintiff is a minor represented by the 1st plaintiff as his next friend. They are the sons of 1st defendant. They had an elder brother Krishnamraju who died in the year 1935.

(2.) THE plaint case is that the 1st defendant obtained the suit properties at a partition with brothers in 1913 and that they are properties longing to the joint family consisting of theme and him. The plaint states that the 1st defendant fell into an irresponsible way of life and taking vantage of the situation the 2nd defendant of the 3rd defendant and the husband of the defendant obtained from him a sale deed 25 -3 -1929 conveying all the suit properties in favour for a very low price. The deed contained false recitals relating alleged debts due by the 1st defendant any case there was no necessity to sell the property for discharge of such debts as might found to have been really owing by him at the plaint further stated that the 1st defendant executed in favour of the plaintiffs a deed 2 -12 -1931 by the terms of which they became tied to the unpaid balance of the con side amounting to Rs. 12,000/ -.

(3.) ON these pleadings two principal issues of arose for determination and they were framed the lower Court in these terms. "1. Whether the suit property is the joint family property of the 1st defendant and his sons or the reacquired property of the 1st defendant? 2. Whether the sale to defendants 2, 3 and 4 for necessity or for the discharge of antecedent its and binding on the plaintiffs -