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1910 DIGILAW 68 (MAD)

Garapaty Venkatarayudu, Minor, by next Friend, Kamma Butchi Pattabhiramaya v. Butchu Venkatarayudu

1910-02-03

body1910
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.