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1994 Supreme(AP) 17

J.ESWARA PRASAD, M.N.RAO
Jupudi Venkata Vijaya Bhaskar – Appellant
Versus
Jupudi Kesava Rao (died) – Respondent


M. N. RAO, J.

( 1 ) THIS appeal and cross-objections are from the judgment and decree in O. S. No. 2 of 1980 on the file of the Sub-Court, Bhimavaram. The plaintiff is the appellant. Claiming himself to be the adopted son of the first defendant -- Jupudi Keshava Rao -- the plaintiff asked for partition and separate possession of 1/4th share in the plaint schedule properties. The second defendant is the minor son of the plaintiff. The parties belong to Vysya community.

( 2 ) IN brief, the case set up by the plaintiff was that on the request of the first defendant and his wife, Sesharatnam, his natural parents agreed to give him in adoption and from 1957 onwards, he has been living with the first defendant and his wife as their adopted son. The actual adoption took place in the presence of friends and relatives on 24-3-1962 in accordance with Hindu custom and tradition. Before the adoption, he was known as Gudivada Venkatarathnam and his name was changed to Jupudi Venkata Vijaya Bhaskar at the time of the adoption ceremony. His wife, Ammaji alias Hemasundari, the daughter of one of the brothers of the first defendant s wife, Seshrathnam, was brought up by the first defendant after he



































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