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1970 Supreme(AP) 228

A.GOPAL RAO, A.SAMBASIVA RAO, N.KUMARAYYA
P. Govinda Reddy – Appellant
Versus
Golla Obulamma – Respondent


N. KUMARAYYA, C. J.

( 1 ) THESE two second appeals have been referred to the Full Bench for they raise questions of allow of some importance involving inter alia the interpretation of the rivos to section 6 of the Hindu Succession Act on which there is no authoritative pronouncement either of this Court or of the Supreme Court.

( 2 ) BOTH the appeals arise out of the suits for recovery of amounts on foot of two simple mortgage deeds, one executed by Golla Chinna Reddy and the other by Jayaram Reddy in the year 1950 in favour of Potlapati Nagi Reddy, Chinna Reddy died leaving him surviving his widow as the only heir. Potlapati Nagi Reddy, the mortgagee so did not live long. He died in the year 1960 survived by his widow, four sons and two married daughters. His eldest sons Govinda Reddy thereafter brought the two suits, one against the widow of Chinna Reddy, on a last day of limitation. He did not at the time of the institution. make any of the others heirs of the mortgagee ass party to any of the suits. What all he averred in the plaint in this regard was that Poltapati Nagireddy died leaving him surviving his son the plaintiff who is in possession and enjoyment of all his properti

































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