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1956 Supreme(AP) 163

Vytla Veeraswami – Appellant
Versus
Ivaturi Durga Venkata Subbarao – Respondent


( 1 ) THE defendants are the appellants in this Second Appeal, which arises out of a suit filed for a declaration of the plaintiff s title to a house and site of the extent of 462 square yards and for recovery of possession of the same after ejecting defendants 1 to 3 therefrom and for recovery of past and future mesne profits. The Courts below have decreed the suit.

( 2 ) IN order to appreciate the appellants legal contention it is necessary to state the relevant facts. One Ramaswami Somayajulu had four sons, Suryanarayana, sangameswara Dikshitulu, Gopalakrishnamurthy and Viswanadham and the family owned, among other properties, the suit house. On 23rd March, 1939, the four sons of Ramaswami Somayajulu relinquished their interest in favour of their father and became divided from one another. Thereafter Ramaswami Somayajulu died leaving his four sons above mentioned and a widow Seetharamamma, their stepmother. Under Exhibit A-1 dated 1st August, 1942, Seetharamamma sold to her stepsons Sangameswara Dikshitulu and Viswanadham, defendants 4 and 5, her interest in all the properties which belonged to her deceased husband. Under exhibit A-7, dated 21st August, 1942, Suryanarayana the e












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