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1941 Supreme(Mad) 28

KING
Vanguri Mahalakshmamma – Appellant
Versus
Vanguri Venkatanarayanamurthi died – Respondent


JUDGMENT

King, J.

1. The petitioner here filed a suit in the Court of the District Munsif of Tanuku for the division of property held by her husbands relations on the assertion that her husband died divided from them and that a release deed executed by him in their favour was not binding upon her. She sued also for cancellation of that release deed. Court-fee was paid in two sums, one for the general relief of the division and recovery of property and one for the cancellation of the release deed. The suit was dismissed on the ground that there was no division in status between the husband of the plaintiff and the other members of his family. In the course of the judgment a finding was given that the release deed was brought about by undue influence and was therefore not binding on the widow. This finding, as will be seen, had no material effect upon the result of the suit which had to be dismissed because the plaintiffs husband had died as a member of a joint family. The plaintiff appealed against the decree dismissing her suit and at first sought to pay court-fee only upon the main prayer in her suit for the recovery of her husbands estate. In an order dated 3rd March 1937, however







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