Judgement

Law. Rep. 43 Ind. App. 138 ( 1915- 1916) Malraju Lakshmi Venkayyamma V. Venkata Narasimha Appa Rao 45

Consolidated Appeals from a decree of the High Court (November 26, 1909) reversing a decree of the District Judge of Godaveri (November 3, 1904) and rejecting an application by the cross-appellant.

In 1902 the appellant instituted a suit in the District Court of Godaveri against Rangayya Appa Rao, Narasimha Appa Rao, and Pathasaradhi Appa Rao (hereinafter referred to as the first, second, and third defendants respectively) claiming possession of the village of Repudi. The village had belonged to Rani Papamma Rao (the appellants great-aunt), and upon her death in 1899 the defendants, after litigation in which a receiver had been appointed, were declared to be equally entitled to it. The receiver also was joined as a defendant.

The appellant by her plaint alleged facts upon which it was claimed that she was entitled to the village upon the death of the Rani, either under a contract made by the latter or by reason of a verbal bequest. The facts are fully stated in the judgment of their Lordships.

On November 3, 1904, the District Judge made a decree in the appellants favour.