KODURU VENKUREDDI Vs. MAGUNTA VENKUREDDI

JUDGEMENT

(1.) I have had the advantage of perusing the judgments about to be delivered by my learned brothers. I agree with them and have nothing to add. Krishnan, J.

(2.) The question referred in this case to the Full Bench is "Where a father or a managing member of a joint Hindu family contracts a simple debt and then there is a partition among the members of the family, can the creditor proceed against the property allotted to the other members for such a debt?" When the appellant opened his case in the Full Bench it was found that the question formulated did not properly arise and it was decided that it need not be considered but that the whole second appeal should be treated as before the Full Bench for disposal. We have thus heard arguments in the second appeal.

(3.) The second appeal arises in a suit brought by a Hindu son against his father and his two younger brothers, defendants Nos. 1 to 3, for a partition of their joint family property and the delivery over to him of his share. The 4 defendant was joined as an illatom son-in-law but his claim was disallowed by the trial Court and he is not before us. Fifth and sixth defendants are the purchasers of the 2nd defendant's share in the family property when this suit was pending before the District Munsif and they were added as parties by an order of Court. They are the appellants before us.