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1967 Supreme(AP) 70

GOPALRAO EKBOLE
Kothuri Lakshmaiah – Appellant
Versus
Aravapalli Lakshmaiah – Respondent


( 1 ) THE petitioner (plaintiff) instituted a suit against the three defendants on the foot of Exhibit A-1, dated 24th April, 1961, for recovery of Rs. 1,900 and odd. This promissory note was executed by the adoptive mother of the 1st defendant. She died before the suit. The 1st defendant was made party as legal representative of the deceased adoptive mother. The 2nd and 3rd defendants were impleaded and liability was sought to be fastened on them on the ground that they are universal donees under Exhibit B-4. Under Exhibit B-4, the adoptive mother had settled one house in favour of the 2nd and 3rd defendants, retaining life-interest for herself. The 1st defendant remained ex parte. The 2nd and 3rd defendants in their written statement denied their liability. They urged that Exhibit B-4 does not make them universal donees, as the adoptive mother had other properties also. Exhibit B-4 was executed on 5th May, 1961, the lower Court dismissed the suit against defendants 2 and 3, but decreed it against the 1st defendant. Defendant 1 has not come in revision. Therefore, the decree against him remains. It is the plaintiff who filed this Revision petition, contending that the suit ought t





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