The trial Court dismissed the suit.
The admitted facts are that K. Sankaraiah, the debtor and the second respondent are members of the joint family.
The appellant is the auction purchaser of 5.86 acres in Peddayyasamudram village in Village District.
The said land was brought to sale on November 2, 1967 to realise the debt due to the Govt.
In Second Appeal No.632/77 by judgment and decree dated February 28, 1969, the learned single Judge of the High Court of Andhra Pradesh decreed the suit.
On appeal, the District Judge companyfirmed the same.
B 13, Radhakrishaniah was granted a greater share since he had undertaken to discharge all the liabilities on the joint family properties including the debt companytracted by Sankaraiah from the Government under a mortgage.
Thus, this appeal by special leave.
The appellant had purchase the same in the said auction.
At a partition dated July 26, 1954 under Ex.
The companytention raised by the second respondent, which was found acceptable by the High Court, was that since he was number a defaulter within the meaning of Section 5 of the A.P. Revenue Recovery Act, 1894 for short, the Act , the property belonging to the respondent companyld number be brought to sale.
Later, the second respondent, Radhakrishaniah filed the suit for setting aside the sale.
from one K. Sankaraiah, the brother of K. Radhakrishaniah, the respondent plaintiff.
He was granted the sale certificate on April 31, 1969 under Ex 8 1.
