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1955 Supreme(AP) 190

BHIMASANKARAM, JAGMOHAN REDDY, VISWANATHA SASTRY
NANDIPATI RAMAMMA – Appellant
Versus
NATHANI APPAYYA – Respondent


VISWANATHA SASTRI, J.

( 1 ) NANDIPATI Venkayya married two wives, the plaintiff being the senior and the 8th defendant the junior wife. Venkayya made a provision for the maintenance of his senior wife in Ex. A-1 dated 16-8-1930. H married the second wife in 1930. The second wife has not been examined as a witness in the case and it is not possible to say exactly what her age was at the time of her marriage. It, however, appears that she must have been quite young when she married Venkayya. Venkayya has not been heard of since 1930 or 1931. He had landed properties and also debts to pay. The plaintiff did not take possession of her husband s properties, and the 8th defendant alone was in possession of them since 1931. On 21-3-1933, the 8th defendant mortgaged ac. 11-88 cents of her husband s properties to the 1st defendant for rs. 1,739-8-0 under Exhibit B-3, the recital in the document being that the money was borrowed for discharging her husband s debts. On 24-1-1938, the 8th defendant sold an extent of about ac. 8-00 out of the mortgaged properties to defendants 1 and 2 under Ex. B-15 for a sum of Rs. 2,096-7-3 which went to discharge the mortgage, Ex. B-3. There is a recital in








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