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1963 Supreme(AP) 62

GOPALA KRISHNAN NAIR, P.CHANDRA REDDY
Ajjarapu Subbarao – Appellant
Versus
Pulla Venkata Rama Rao – Respondent


GOPALAKRISHNAN NAIR, J.

( 1 ) THIS is a plaintiffs Letters Patent Appeal from the judgment of Sanjeeva Row Nayudu, J. who, on appeal, reversed the decree of the trial Court and dismissed the suit. The corner stone of the plaintiffs suit was the claim that he was duly adopted by the 6th defendant as his son and that as a result of this adoption he and the 6th defendant constituted a Hindu joint family which owned the suit properties. In the year 1948 when the plaintiff was away, the sister of the 6th defendant (4th defen-dent), her son-in-law (1st defendant) and her grand children (defendant No. 2) and the deceased husband of the (3rd defendant) exerted undue influence over the 6th defendant who was then physically and mentally infirm and caused him to execute a gift deed of the properties in favour of the 2nd defendant and his deceased brother. Yet actual possession of the properties continued to be with the 6th defendant till some time in August 1950. Defendants 1 to 4 trespassed upon the properties in August 1950 and reduced them to illegal possession. The plaintiff claimed past and future mesne profits from defendants 1 to 4 in respect of the properties in their wrongful possess




















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