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1951 Supreme(Mad) 199

SUBBA RAO
Ammireddi Sooramma alias Suriyakantamma – Appellant
Versus
Ammireddi Venkataratnam – Respondent


Advocates:
P. Somasundaram, V. Srinivasa Rao and M. Appa Rao for Appellant.
C. Rama Rao and P. Ramachandra Reddi for Respondent.

Judgment.-

This is a second appeal against the decree and judgment of the District Judge of Krishna modifying that of the Subordinate Judge of Masulipatnam in O.S.No.11 of 1943. Plaintiff is the second wife of one Kotayya. By a registered partition deed, Exhibit D-1, dated 6th July, 1923, Kotayya and his son Venkataratnam (the defendant) by his first wife partitioned the family properties. Under the said deed the A marked schedule properties were allotted to Kotayya and the B marked schedule properties to Venkataratnam. It was also provided thereunder that Kotayya should only enjoy the income derived from the property allotted to him without powers of alienation and that after his death if sons had been born to him they should take it absolutely and in case he had no male issue, it would go to Venkataratnam. In the happening of the second contingency the document directed Venkataratnam to give maintenance to the plaintiff at the rate of one putti of paddy per year. The aforesaid A schedule land was service inam land situated in the village of Choragudi. In or about 1869 the Government resumed that inam and conferred a ryotwari patta on the ancestors of Kotayya. in 1922 the Governmen















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