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1939 Supreme(Mad) 263

VENKATARAMANA RAO
Chimalakonda Ramasubbaraya Sastri – Appellant
Versus
Ganapathiraju Venkata Appalanarasimharaju – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This is an appeal from the judgment and decree of the learned Subordinate Judge of Rajahmundry dismissing the plaintiffs suit for possession of a half share in certain immovable properties described in Schedule B to the plaint. The said property admittedly belonged to one Suryanarayanaraju and his son Venkatapatiraju. It is the plaintiffs case that the said property was leased in 1868 by Suryanarayanaraju as the father and head of the joint, family consisting of himself and his son Venkatapatiraju for a period of fifty years, that subsequent to the said lease the said Suryanarayanaraju and Venkatapatiraju became divided in status, that Venkatapatiraju was entitled in severalty to a half share in the said property, and that on the death of his widow Butchi Bangarayya on 21st January, 1927, the first plaintiff became entitled to the said property as the next reversioner. The defendants trace their title to the entirety of the said property to the father Suryanarayanaraju who alienated the reversion in the said lands. Their case is that there was no division in status between the father and the son and on the death of the son the whole property survived



















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