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1954 Supreme(AP) 74

K.SUBBA RAO
Chinta Lakshminarasayya – Appellant
Versus
Laghuvarapu Papayya – Respondent


K. SUBBA RAO, J.

( 1 ) THIS is a plaintiffs second appeal against the decree and judgment of the Court of the Subordinate Judge of Narasaraopet, modifying the decree of the Court of the Distriict Munsif of Gurazala in a suit filed by the appellants for a declaration that the gift and the sale deeds executed by the second defendant in favour of the first defendant in respect of the plaint schedule property ae not binding on them and for recovery of possession. ( The facts may be briefly stated. The plaintiffs are the brothers of one Venkatasubbaiah and were members of a joint Hindu family. There was a partition between them in the year 1932 and the plaint schedule property fell to the share of Venkatasubbaiah. During his lifetime, he adopted on Subbarao and died in 30. 4. 1945 intestate, leaving behind him his widow and his adopted son. Subbarao died in 1946 and his mother Seshamma, the second defendant, succeeded to his estate. On 1. 5. 1947 under Ex. B. 20 she made a gift of item 6 of the plaint schedule to the first defendant. On 26. 8. 1948 she executed Ex. B. 28 a sale, under which she conveyed items 1 to 5 to the first defendant. The plaintiffs, who are the reversioners, origin










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