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1955 Supreme(AP) 52

K.SUBBA RAO
Nori Srirama Sastri – Appellant
Versus
Nori Lakshmidevamma – Respondent


K. SUBBA RAO, J.

( 1 ) THIS revision petition raises a question of court-fee. The plaintiff is the adopted son of late Adiseshayya. Defendant 1 is the wife of the said Adiseshayya. Defendant is alleged to have been taken in adoption by Adiseshayya subsequent to the plaintiffs adoption. There was a partition between the plaintiff and Adiseshayya, where under the "a" schedule properties were allotted to the share of the plaintiff and B-1 schedule properties to that of Adiseshayya. Adiseshayya before his death executed a will in regard to the B-1 schedule properties excluding items 4 and 23 in favour of defendant 2. The B schedule properties were all purchased in the name of the defendant 1. It is alleged in the plaint that Adiseshayya brought about the alleged partition fraudulently and that the defendants were setting up rights in the A and B-1 schedule properties. Froth the allegations in the plaint, it is clear that Adiseshayya during his life-time and after his death, defendants 1 and 2 were exclusively in possession of the A and B-1 schedule properties. The gist of the plaint is that by a fraud practised by Adiseshayya, the plaintiff was given A-1 schedule property and the rest o














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