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1949 Supreme(Mad) 50

SUBBA RAO, PANCHAPAKESA AYYAR
Turlapaty Rajeswara Rao – Appellant
Versus
Kamarajugadda Rangamma – Respondent


Advocates:
A. Krishnaswami Aiyar and N. Rajagopala Aiyangar for Appellants.
P. Somasundaram, K. Kameswara Rao, V. Srinivasamurthi and C.V. Narasimha Rao for Respondents.

Judgment

This is an appeal against the decree and judgment of the Subordinate Judge of Bezwada dismissing the suit O.S.No.48 of 1944, filed by the appellants for a declaration of title and for possession of the suit properties. The relationship of the parties can be seen from the following pedigree:

Pedda Veerabadra Rao died on 9th March, 1918. Before his death, on 5th December, 1917, he executed a will, Ex.P-1, disposing of his properties in the manner mentioned in the document. After his death Syamalamba was in possession and enjoyment of the plaint schedule properties till her death on 17th January, 1944. Basaveswara and Mrutyunjaya who were the sister’s sons of the testator and in whose favour certain bequests were made, predeceased the widow Syamalamba. The plaintiffs, who are the testator’s paternal uncle’s grandsons, filed the suit for recovery of the plaint schedule properties claiming to be the next reversioners to the estate of Veerabadra Rao. First defendant is the wife of Basaveswara, one of the nephews of the testator. Second defendant is the widow of Mrutyunjaya, another nephew of the testator. Third defendant is the daughter of the second defendant. The other defendant




















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