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1954 Supreme(AP) 73

Pathuri Venkateswarlu being minor by maternal uncle and guardian Kotha Veerayya – Appellant
Versus
Damacharla China Raghavulu – Respondent


( 1 ) THIS is a plaintiff s appeal against the decree and judgment of the Court of the Subordinate Judge of Bapatla setting aside the decree of the learned District Munsif, Ongole, in O. S. No. 41 of 1947 a suit filed by the appellant for partition of the plaint schedule property into two equal shares by metes and bounds and for recovery of one such share.

( 2 ) THE following geneology may be useful for appreciating the contentions of the partie

( 3 ) THE case of the plaintiff is that the plaint schedule properties were originally owned by Yanadi, that Chimpirayya was his illatom son-in-law, that, after the death of Chimpirayya, the 1st defendant Bhushayya inherited them as ancestral property and that the plaintiff, being the only son and a member of the joint Hindu family along with the 1st defendant is entitled to a share in the same. Defendants 2 to 8 are the alienees of the suit items.

( 4 ) THE defendants denied that Chimpirayya was an illatom son-in-law of Yanadi. They stated that the suit items were the stridhanam properties of Subbamma and that, after her death, they passed on to her daughter, the 3rd defendant. The learned District Munsif held that items 1 to 4 of the plai









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