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C. Doddanarayana Reddy (D) By LRs. & Ors. vs. C. Jayarama Reddy (D) By LRs. & Ors. (SC)

42.00 4.20

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Partition–Suit for–Dismissal with observation that the plaintiff had executed the registered release deed as regard to his share and he was aged of 22 years at the time of execution of it–In second appeal, High Court was viewed that he was minor at the relevant time and reversed the findings of courts below–Justification–No truthful evidence was produced to establish the school leaving certificate–Further, the plaintiff had not challenged the release deed on the ground that he was minor–His challenge was based on fraud, coercion and undue influence–He left the joint Hindu Family after receiving the consideration and started to live in the village of his father-in-law–In the second appeal, High Court could not have re-appreciated the evidence and take a different view–Suit deserves to be dismissed.