RAMAKRISHAN REDDY, J.

( 1 ) THIS appeal involves the determination of the question whether the 2nd defendant, Venkatarao Datar, retired Deputy Secretary to the Government of Hyderabad in the Finance Department, had become a Sanyasi after due performance of the ceremonies necessary for this purpose on the 17th Sherewar. 1346f and whether notwithstanding the fact of his becoming a Sanyasi, which in law is deemed to be a civil death, he executed a will on 1st Meher, 1356f. , by which he gave the suit house to the 3rd defendant, his grand-son Murlidhar, son of the plaintiff, Ramakrishen.

( 2 ) IT may be stated, that 2nd defendant has two sons, the plaintiff and the 1st defendant. The Plaintiff alleged that his father, the 2nd defendant after ceasing to have any interest in the affairs of the world,. divided the properties between the members of the family on the 17th Sherewar, 1346f, and executed a memorandum of partition on the same day. In pursuance of this partition, the 2nd defendant put them in possession of the moveable and immovable properties, renounced the world and took the vows of a Sanyasi. After a few months, at the instance of the father-in-law of the 1st defendant, who i

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