JAGMOHAN REDDY, P.CHANDRA REDDY
H. T. Vasudeva Rao – Appellant
Versus
Vijayavada Municipality represented by Commissioner, Vijayavada Municipality – Respondent
( 1 ) THIS reference to a Full Bench has been made, by a Division Bench of this Court consisting of Mohd. Ahmed Ansari and Jaganmohan Reddy, J. , in an appeal which arose in execution proceedings.
( 2 ) ONE Himurunnissa Begum died leaving behind her Mohd. All Pasha, her husband, Qudrunnissa Begum her mother, Moinuddin All Khan, her brother and her daughter Syedunnissa Begum. The husband and the mother died soon after leaving the defendant Syedunnissa Begum and the plaintiffs as heirs. The deceased Himutunnissa Begum left some movable and immovable inheritable property. The plaintiff brought a suit for his share in the Matruka of the deceased Ilimutunnissa Begum as well as for his share in the dower debt of Himuttunnissa Begum which he was entitled to from the estate of her husband. The defendant Syedunnissa Begum, while admitting that the plaintiff was entitled to a share in the matruka stated that her father left only movable property which was in the possession of the Sarfe-khas. She also stated that she was not liable for the dower debt.
( 3 ) THIS suit was instituted in the Ecclesiastical court which had exclusive Jurisdiction to try sui
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