1955 Supreme(AP) 258
VISWANATHA SASTRY, K.SUBBA RAO, P.SATYANARAYANA RAJU
B. VENKATA SUBBAIAH – Appellant
Versus
C. KONDAYYA – Respondent
( 1 ) ORDER of reference to a Full Bench was delivered by The Hon ble The chief Justice. This is a plaintiffs appeal against the decree and judgment of the Court of the Subordinate Judge of Bapatla giving the plaintiffs 2/9th share in the plaint a Schedule properties. To appreciate the facts and the contentions of the parties, the following two genealogies may be useful. The two families lived together as members of a composite family. The two families have equal shares in the b schedule property, Ramayya of the molakalapalli family executed a will Ex. B-1 on 9-10-1913, whereunder he bequeathed half of his share i, e. 1/4 of the entire estate to Chunduri Kotayya, husband of the 5th defendant, absolutely and the other half to his wife s brother, Konka Kondayya. He specifically directed that his maternal uncle china "subbayya. who had been managing the properties during the lifetime of his father and during his life-time, should continue to manage after his. death also. After his death, his widow Eswaramma filed O. S. No. 9 of 1917 on the file of the Subordinate Judge s Court, Guntur, against all the members. of the composite family to enforce her rights under the will. Pending
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