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1953 Supreme(Mad) 82

SATYANARAYANA RAO
Chennupati Venkatasubbamma – Appellant
Versus
Nelluri Narayanaswami – Respondent


Advocates:
P. Somasundaram and N. Rajeswara Rao for Appellant.
M.S. Ramachandra Rao and M. Krishna Rao for Respondent.

Judgment.-

The first defendant is the appellant in this second appeal. The plaintiff, who is the sole respondent, instituted the suit out of which this second appeal arises for a declaration of his title to the suit properties and for a permanent injunction restraining the defendants from interfering with his possession and enjoyment of the properties.

The plaintiff is the grandson of one Panaya. Plaintiff’s father is Subbaiah. Panaya had a brother Veeraiah who had no sons but had four daughters. One of the daughters was married to one Nallamothu Ramachandraiah who, after his marriage lived practically as the illatom son-in-law in the house of Veeraiah. The houses of Panaya and Veeraiah formed portions of the same house. Veeraiah by a gift deed Exhibit A-7 dated nth June, 1918, gifted away items 1 to 4 of the plaint schedule to Ramachandraiah his son-in-law and the fifth item in the plaint schedule was acquired by Ramachandraiah under Exhibit A-8 dated 8th August, 1022. For a long time, Ramachandraiah had no issue. On 15th May, 1930, by Exhibit B-6, Ramachandraiah purported to gift away items 1 to 5 of the plaint schedule properties to the plaintiff subject to certain conditions. The















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