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1950 Supreme(Mad) 36

SUBBA RAO, PANCHAPAKESA AYYAR
Gadey Venkata Ratnam (deceased) – Appellant
Versus
Gadey Sitaramayya – Respondent


Advocates:
P. Satyanarayana Raju for Appellants.
P. Somasundaram and K.V. Rangachari for Respondents.

Judgment

Panchapakesa Ayyar, J.-The first appellant here (since deceased) was the plaintiff in O.S. No. 20 of 1944, on the file of the Sub-Court, Coconada. He †7th March, 1949. had filed that suit for a declaration that he was the nearest reversioner of one Gadi Venkataratnam and for the recovery of the suit properties, which had belonged to the said Venkataratnam, from the 1st respondent, who was claiming to be the validly adopted son of Venkataratnam, and from the other respondents who were alienees or tenants in respect of the properties. He had attacked the adoption of the 1st respondent as invalid, and the will dated 13th December, 1896, said to have been executed by the said Venkataratnam, as not genuine and as not executed in a sound and disposing state of mind and as therefore not conferring any authority on Viyyamma, Venkataratnam’s widow, to adopt. He had contended turner that, even if the will was genuine, the adoption was not in accordance with the authority conferred in the will, and that Exhibit D-9, the agreement dated 15th May, 1897, executed in Viyyamma’s favour by Surayya and Gopalakrishnamma, two nearest sapindas, authorising her to adopt any one she liked if they
























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