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1975 Supreme(AP) 242

RAMACHANDRA RAO
Devineni Suseela – Appellant
Versus
Nelapati Venkata Sivaraxnaiah – Respondent


( 1 ) THE defendant who was unsuccessful in both the Courts below is the appellant in this second appeal.

( 2 ) THE plaintiffs-respondents, filed the suit in forma pauperis for recovery of possession of the plaint schedule property, together with past and future profits, against the defendant challenging the sale-deed (Exhibit B-1) dated 22nd february, 1965 executed by their mother swarajyalakshmi, for herself and as the guardian of the plaintiffs who were then- minors in favour of the defendant alleging that their mother could not exercise the powers of a natural guardian as their father Lakshmi Ramanayya, is alive and that the sale deed was not supported by consideration, legal necessity or to the benefit of the estate of the minors.

( 3 ) THE defendant alleged that the plaintiffs mother was giving out that her husband was a person of unsound mind and mentally unfit to act as the guardian of his children, that she alone was acting as the de jure and de facto guardian of her children, that she gave out that the plaintiffs had no means to maintain themselves and were under pressus from creditors, that she purchased the suit site under Exhibit B-3 dated 14th June, 1963 from P. W. 2



















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