MEDAM SESHANNA CHETTY Vs. MEDAM SANKARNARAYANA CHETTY

JUDGEMENT

(1.) THIS appeal raises a simple, but an interesting question of Hindu Law. In order to appreciate the point it is necessary to set out the relevant facts.

(2.) A partition was entered into between the appellant and his two brothers, Venkayya Chetty and Venganna Chetty, in 1947. A large sum of thirty three thousand and odd was due by the appellant's brothers -in -law. Uppala Narayana Chetty and Uppala Ramaswamy Chetty, to their joint family.

(3.) SRI M. Krishna Rao, the learned Advocate for the respondent, contended that, the Subordinate Judge was wrong in negativing the express agreement pleaded by the respondent. The agreement that is pleaded in the plaint is that both the first and second defendants agreed that in case the Uppala brothers refused to pay the amount, the person who got the debt to his share should be reimburse by the others to the extent of two -thirds.