High Courts(1910) 02 MAD CK 0039

Garapaty Venkatarayudu, by next Friend, Kamma Butchi Pattabhiramaya vs Butchu Venkatarayudu and Another

Madras High Court · Decided on 3 February 1910 · Citation: (1910) 20 MLJ 759

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Judgment

4 paragraphs · 82 words
1.

Chinna Sanyasi v. Suriya ILR (1882} M. 186 and Subramania Chettiar v. Padmanabha Chettiar ILR (1896) M. 267 are clear authority that the

plaintiff was entitled to sue for partition and recovery of his share of the property purchased by Ist defendant. This is a further relief other than a

mere declaration of title which the plaintiff was entitled to ask for, and this being so, his suit for a mere declaration is bad.

2.

The appeal is dismissed with costs.