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1993 Supreme(AP) 53

M.N.RAO, P.RAMAKRISHNAM RAJU
D. Krishna Murthy – Appellant
Versus
C. Ramana – Respondent


RAMAKRISHNAM RAJU, J.

( 1 ) PLAINTIFFS 3 to 6 are the appellants in this appeal, which is directed against the decree and judgment of a learned single judge of this Court in AS. 111/79. The facts of the case in brief are: there is a religious institution by name Rathi matham (Stone Matham) which is founded by the ancestors of the first plaintiff s husband. After the death of her husband the first plaintiff was in management of the said Matham. The Matham has four mulgis attached to it. The first plaintiff executed a registered settlement deed Ex. B-l dated 10-6-64 whereunder she transferred the entire property belonging to the Math in favour of D-l to d-4. Although it was recited in Ex. B-l that possession was delivered to D-l to d-4, it is not in dispute that the possession of the property still remained with the plaintiffs. D-l to D-4 executed an agreement Ex. A-6 dated 30-6-64 where under they agreed that if the first plaintiff nominates her successor they will not have any objection to transfer the management. While so the plaintiff also executed a registered will Ex. A-5 dated 4-2-71 whereunder she bequethed her entire properties in favour of one Umapathi Swami. She then filed















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