1956 Supreme(AP) 187
Srimathi Mokhamatla Kondamma – Appellant
Versus
Srimathi Mokhamatla Venkatalakshmidevi – Respondent
( 1 ) AN important question of law falls for determination in this reference. The respondent herein, i. e. , the junior widow, filed O. S. No. 31 of 1953 on the file of the Sub-Court, Eluru, for partition and recovery of possession of a half share in her deceased husband s property against the senior widow and the son, alleged to have been adopted by her. Her case in the plaint was that the adoption was not true and that the adopted son had no rights in the plaint scheduled properties. She, however, prayed for a declaration that the adoption of the and defendant by the 1st defendant was not true in fact and not valid and binding on her under law. She paid a court-fee of Rs. 100 under Article 17-B of Schedule II of the Court-Fees act in respect of the relief of partition and separate possession of her half share in the suit properties. She also paid a sum of Rs. 500 by way of court-fee in respect of the relief of declaration regarding the alleged adoption of the 2nd defendant by the 1st defendant. The Court below held that the adoption was not true and decreed a half share to the plaintiff. The two reliefs prayed for by her were granted by the Court below. The senior widow and the a
Click Here to Read the rest of this document