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1995 Supreme(AP) 475

K.S.SHRIVASTAVA
Bodanapu Khasim – Appellant
Versus
Bodanapu Khaderaiah – Respondent


K. S. SHRIVASTAV, J.

( 1 ) THIS is unsuccessful plaintiff s first appeal in forma pauperis against the judgment and decree of dismissal of his suit for declaration of his 1/4th share, partition and separate possession of the plaint a and b schedule properties.

( 2 ) THE facts giving rise to this appeal, in brief, are that the plaintiff-appellant is the son of the 1st defendant through his first wife Siddamma. The remaining defendants are the sons of 1st defendant through the second wife Peeramma. The appellant-plaintiff; on the allegation that they belong to Dudekula community who are regarded as Hindus and according to long established custom they are following Hindu customs, practices and conventions, they observe Hindu festivals and rituals; they wear jewels and dress in Hindu fashion; they wear caste marks as Hindus; they form a joint Hindu family, which family owns plaint a and b schedule properties; instituted the suit demanding his l/4th separate share in the plaint a and b schedule properties. But the defendant No. 1 refused to do so and, therefore,he is entitled for a declaration that he has got 1/4th share in the plaint a and b schedule properties and is al





















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