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1973 Supreme(AP) 192

C.KONDAIAH, V.MADHAVA RAO
M. Appala Ramanujacharyulu – Appellant
Versus
M. Venkatanarasimhacharyulu – Respondent


KONDAIAH, J.

( 1 ) THE only question that is urged for our decision is whether, on the facts and in the circumstances the endowment of items 65 to 73 of the plaint A Schedule settled by the late Ramanujacharyulu under Ex. A-11 dated 21/09/1929 is nominal or real.

( 2 ) IN order to appreciate the scope of the question, it is necessary to briefly state the facts that gave rise to the same. Ramanujacharyulu, the grandfather of the plaintiff-appellant herein, who was driven out of his family by his father while he was quite young, had settled in the Agency areas and worked as Karnam of several villages for a number of years and earned considerable properties and died in or about the year 1932, leaving behind him his wife Latchamma, a divided son the Ist defendant herein, a keep and some properties. In the year 1918, he created an endowment of Ac. 66-75 cents of rain-fed lands which fell to his share in the family division with his only son, the 1st defendant in the year 1916, for the sole purpose of performing Sri Sitarama Swamy at Korukonda every year in the manner stated by him from generation to generation. He had also obtained a sale deed in the name of his wife Latchamma under Ex.






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