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Garapaty Venkatarayudu, Minor, by Next Friend, Kamma Butchi Pattabhiramaya Vs. Butchu Venkatarayudu and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1910)20MLJ759
AppellantGarapaty Venkatarayudu, Minor, by Next Friend, Kamma Butchi Pattabhiramaya
RespondentButchu Venkatarayudu and anr.
Cases Referred and Subramania Chettiar v. Padmanabha Chettiar I.L.R.
Excerpt:
- - 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.1. chinna sanyasi v. suriya i.l.r. (1882} m. 186 and subramania chettiar v. padmanabha chettiar i.l.r. (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.
Judgment:

1. Chinna Sanyasi v. Suriya I.L.R. (1882} M. 186 and Subramania Chettiar v. Padmanabha Chettiar I.L.R. (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.


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