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1995 Supreme(AP) 604

M.N.RAO, S.S.HUSSAINI
Chintala Satyanarayana – Appellant
Versus
Chintalakistamma – Respondent


M. N. RAO, J.

( 1 ) THIS letters patent appeal arises from the judgment of a learned single judge in A. S. No. 477/1980 dismissing the appeal of the plaintiff confirming the judgment and decree passed by the trial Court in O. S. No. 73/1976 dismissing the suit filed by the plaintiff seeking partition of suit A and B schedule properties into two equal shares and allottment and possession of one share in his favour.

( 2 ) THE suit was laid on the averments that the appellant was the adopted son of the defendant and her husband Agaiah, the adoption having taken place on 3-6-1962. He pleaded that his marriage was solemnized by the adoptive parents on 30-1-1963, that he and his wife lived for a period of eight months with the adoptive parents and that thereafter as disputes arose between the defendant and his wife, he had to leave the house. The adoptive father died on 2-2-1976. It was also averred in the plaint that a panchayat was held before the Vyshya sangham-the parties belong to Vyshya community-and the Sangham gave an award on 20-11-1964 to the effect that the plaintiff and his adoptive parents should live together and that the properties of the family should not be alienated by


















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