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1958 Supreme(AP) 16

CHANDRA REDDY, SRINIVASACHARI
Nagumilli Narayanamurthy – Appellant
Versus
Gudimetla Gangaraju – Respondent


Advocates:
Kara Someswara Rao and Ch. Ramakrishna Rao, for Appellant; G. Chandrasekhara Sastry, for Respondent.

Judgement

Judgment of the Court was delivered by

CHANDRA REDDY, J. : -

This appeal is against the judgment of our learned brother Justice Jaganmohan Reddy and involves the interpretation of S. 10 and Art.120 of the Limitation Act. The question we are called upon to decide arises in the following way.

2. One Gangadharam who died in the year 1923 deposited with his eldest son the 1st defendant Rs. 9900/- before his death for purposes of investment. In regard to this fund he executed a will by and under which the 1st defendant was directed to pay interest accruing thereon on this amount to his wife Mahalakshmi and after her the money was to be taken in four equal shares by his four sons including the eldest son, the 1st defendant. Mahalakshmi died on 17-5-1937.

By the time of her death, a portion of the interest was undisbursed. It is to this amount that the plaintiff as a stridhana heir of Mahalakshmi has laid claim which has given rise to this appeal. We are not concerned with the other disputes between the parties and therefore we need not refer to them. It appears that there was a prior litigation between the 1st defendant and his brothers in regard to this outstanding interest in whic































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