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1945 Supreme(Mad) 387

RAJAMANNAR, WADSWORTH
Chavakula Yanadamma – Appellant
Versus
Chavakula Venkateswarlu – Respondent


Advocates:
V. Subramanyam for Appellants.
K. Kotayya and K. Ramamurti for Respondents.

Wadsworth, J.-The appellants are mother and daughter, the first appellant being the widow of one Venkata Krishnayya who died in 1936. Venkata Krishnayya was the undivided brother of the contesting respondent, the first defendant in the lower Court. The appellants filed the suit for a declaration that they were entitled to certain properties in lieu of maintenance as a consequence of the award of an arbitrator, who is impleaded as the fifth defendant in the suit. The allegations in the plaint were that the first plaintiff is legally entitled to a half share in the family properties for the maintenance of herself and her daughter, that the first defendant was refusing to give proper maintenance to the plaintiffs who threatened legal proceedings, whereupon mediators intervened, and on their suggestion the dispute was referred to the fifth defendant as an arbitrator, who decided that the suit properties should be given to the plaintiffs, that the plaintiffs got possession in pursuance of this decision but their possession was threatened by the first defendant and his supporters, defendants 2 to 4. Along with the plaint, a copy of the award Ex. P-1, dated 20th July, 1943, was filed.

The












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