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2010 Supreme(SC) 1011

Sadaram Suryanarayana – Appellant
Versus
Kalla Surya Kantham – Respondent


JUDGMENT

T.S. Thakur, J. —

1. This appeal by special leave is directed against an order dated 4th March, 2003 passed by the High Court of Andhra Pradesh whereby Civil Appeal No.1530 of 1998 has been allowed, the judgment and order passed by the IInd Additional Senior Civil Judge, Vishakapatnam in O.S. No.32 of 1991 set aside and the suit for possession filed by the plaintiff-respondent decreed with mesne profits @ Rs.800/- p.m. from the date of the suit till the date of delivery of its judgment. The facts giving rise to the filing of the suit may be summarised as under:

2. The appellants are the sons of late Smt. Sadaram Appalanarasamma while the respondents are her daughter and son-in-law. The property in dispute consisting of four eastern portions (two on the ground floor and two on the first floor) bearing door Nos.44-23-35/7, 44-23-35/6, 44- 23-35/1 and 44-23-35 situated at Railway New Colony, Visakhapatnam was originally owned by late Smt. Kalla Jaggayyamma, who passed away on 5th July, 1981 leaving behind four sons besides two daughters named: Smt. Sadaram Appalanarasamma and Smt. Sadaram Ramanamma. It is not in dispute that in terms of a Will dated 4th September, 1976 execut





























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