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1989 Supreme(AP) 503

A.SEETHARAM REDDY
Lokam Surya Kantham – Appellant
Versus
Pothuraju Narasimha Rao – Respondent


A. SEETARAM REDDY, J.

( 1 ) THE first defendant is the appellant. First plaintiff and defendants 1 and 2 are sisters. The suit is filed for partition of the properties into three equal shares and for allotment of one share to the plaintiff. The suit property belonged to the father of these sisters who executed Ex. A-1 settlement deed dated 1-1-1943 in favour of his wife, Satyanarayanamma, giving her life estate and the vested remainder in favour of the said three daughters. Their father died in 1965 and the mother also died thereafter in the year 1971. To the suit filed initially, the first defendant had no objection for partition of the suit property. But, however, during the pendency of the suit, the first plaintiff and the second defendant died and thereafter the first defendant continued to be in possession of the suit property. Therefore, after the death of the two sisters, an additional written statement was filed contending that the life estate that was said to be given in favour of their mother under Ex. A. 1 got enlarged into an absolute estate which eventually devolved on the three sisters, and thereafter her two sisters having died, she alone, within the meaning of Sectio

















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