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1953 Supreme(Mad) 76

MACK
Pulusuri Butchamma – Appellant
Versus
Sankaramanchi Ramasitamma – Respondent


Advocates:
V. Rangachari and M. Dwarakanath for Appellant.
D. Narasaraju for Respondents.

Judgment.-

Appellants are alienee-defendants in four suits instituted by one Sitamma to set her alienations to them aside. The District Munsif of Kovvur dismissed the four suits. In appeal, the learned Subordinate Judge, following a procedure which cannot be defended under Order 41, rule 23, remanded the suits for fresh disposal.

The relevant facts necessary to determine these appeals are briefly these:Sitamma was the only surviving daughter of one Venkataramiah, whose estate was a large one comprising about 200 acres of land. After her mother’s death in 1932, Sitamma, on the footing that she had only a life estate, executed a surrender deed in favour of her sister’s sons one of whom Venkataramana Rao, the first defendant in all these suits, who subsequently alienated plots of land to these four different alienees by four sale deeds Exs.D-11 to D-14 in 1938. Altogether 7 acres 82 cents of land were conveyed for a consideration of Rs.5,260. The plaintiff sued to set aside these alienations on the ground that the surrender deed in favour of her nephews under which she got only Rs.1,000 as a lump sum maintenance for renunciation of all her rights was fraudulently taken from her. The lea







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