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1931 Supreme(SC) 14

LORD THANKERTON, SIR DINSHAH MULLA, LORD MACMILLAN, LORD ATKIN, SIR GEORGE LOWNDES
KRISHNA RAO – Appellant
Versus
SUNDARA SIVA RAO – Respondent


Advocates:
Solicitor for appellant: H. S. L. Polak.

Judgement

Appeal (No. 33 of 1929) from an order and decree (October 11, 1924, and October 12, 1926, respectively) of the High Court, reversing a decree of the Subordinate Judge of Masulipatam (November 15, 1920).

The question for determination in the appeal was whether a document dated December 16, 1912, had, as the appellant contended, testamentary effect.

The terms of the document, and the circumstances in which it was executed, appear from the

Law Rep. 58 Ind. App. 148 ( 1930- 1931)

Krishna Rao V. Sundara Siva Rao 35

judgment of the Judicial Committee, which states also the effect of the judgments delivered by the trial judge, and on appeal by Coutts Trotter C.J. and Ramesam J.

1931. Jan. 20. Subba Row for the appellant. The respondents did not appear.

Feb. 11. The judgment of their Lordships was delivered by

LORD THANKERTON. This appeal relates to the succession to the immovable property of the late Krishna Rao, a Brahmin and a karnam, who died on April 20, 1913, without issue, but leaving a widow.

The suit was instituted on December 16, 1918, by Kruttiventi Surayya, who admittedly is the nearest reversioner to the estates after the death of the widow, against the widow, as defen












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