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1957 Supreme(AP) 102

BHIMASANKARAM, KRISHNA RAO
Pathuri Subrahmanya Sastry – Appellant
Versus
Pathuri Lakshminarasamma – Respondent


Advocates:
P. Somasundaram, for Appellant; B.V. Subrahmanyam and V.V. Krishnamurthy, (for No. 1) and K. Venkataramana and P. Suryanarayana, (for Nos. 2, 3 and 5), for Respondents.

Judgement

BHIMASANKARAM, J. : -

The 1st defendant is the appellant. The appeal is directed against the decree granted by the trial Court in favour of the 1st respondent, the Sole plaintiff in O.S. No. 65 of 1949 on his file. The respondents 2 to 5 who were defendants 2 to 5 in the lower Court are tenants in possession of the property in dispute between the plaintiff and the 1st defendant.

2. The plaintiff is the widow of one Pathuri Bala Krishna Sastry who died on 1-3-1947. She sought in the suit possession of certain agricultural lands which had belonged to her husband, from the 1st defendant who claims to be the adopted son of the said Balakrishna Sastry. In his Written Statement, the 1st defendant averred that he was taken in adoption on 20-8-1943 by the husband of the plaintiff and that the adoption was immediately followed by the execution of a deed of adoption which was duly registered by the adoptive father himself on 27-8-1943.

It was further stated that the plaintiffs objection to the registration of the document on the ground that her husband was of unsound mind was over-ruled by the Registrar. Accordingly, the 1st defendant claimed that he was solely entitled to the lands.










































































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