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1955 Supreme(AP) 257

Bhaskaruni Venkata Subbayya – Appellant
Versus
Nene Srirangam (died) – Respondent


SUBBA RAO, C. J.

( 1 ) 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.

( 2 ) 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 Exhibit B-1 on gth October, 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 life-time 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 the suit, Eswaramma died. Thereafter, the d


































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