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2001 Supreme(SC) 1399

N.S.HEGDE, S.N.VARIAVA
Palchuri Hanumayamma – Appellant
Versus
Tadikamalla Kotlingam – Respondent


JUDGMENT

Santosh Hegde, J.-This appeal has had a chequered career. Still it may not be necessary for us to trace the entire history of this litigation. Suffice it to say that the appellant herein filed the present original suit for partition of the suit schedule properties as a pauper in O.P. No.91/78 on the file of the Principal Subordinate Judge, Narasaraopet. Her application to sue in forma pauperis having been dismissed, she paid the court fee and the suit came to be re-registered as O.S. No.221 /79.

2. The claim of the appellant in the suit was that the suit schedule property belonged to her grandfather by name V.Subbaiah. He and his wife Ramamma had only 3 daughters. He bequeathed the suit property by a registered Will dated 19.3.1929 followed by a codicil dated 9.4.1929. According to the appellant, in the said Will he made provisions for maintenance of said Ramamma and after so providing he divided the property in favour of the 3 daughters which included the appellant s mother. Further the appellant states as per this Will, the said Ramamma was to manage the property allotted to her daughters during her life-time and after her lifetime the properties identified as individual s



















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