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1949 Supreme(Mad) 460

VISWANATHA SASTRI, P.V.RAJAMANNAR, SATYANARAYANA RAO
Maria Subramanyam – Appellant
Versus
Chelikani China Soorayya – Respondent


Advocates:
P. Somasundaram and V. Parthasarathi for Appellant.
D. Narasaraju for Respondent.

Judgment

The Chief Justice.-We consider it desirable that this appeal should be heard by a Full Bench of three Judges. The appeal relates to one item of the properties left by one Maria Perayya who died in the early sixties of the last century leaving behind him three daughters Seshamma, Veeramma and Venkamma. Veeramma died first and Venkamma died last on the 15th July, 1929. Nearly twelve years after the death of Venkamma, the appellant sued to recover the properties alleged to belong to the estate of Maria Perayya claiming to be the nearest reversioner. This appeal relates to item 1 of the plaint schedule. On 16th May, 1892, Seshamma, Venkamma and Kamayya, the son of Veeramma who had died by then, sold this item to one Subba Rao for Rs. 200. The respondent is the successor-in-title of this Subba Rao. The learned Subordinate Judge of Coconada held that the alienation of this item was supported by legal necessity and was binding on the reversioner. On appeal, the learned District Judge allowed the appeal as regards this item. The respondent herein appealed to this Court in S.A. No. 1130 of 1945 and Govindarajachari, J., allowed the appeal and dismissed the suit with regard to this i












































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