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1919 Supreme(Mad) 119

S.AIYAR
Yellavajhula Surayya – Appellant
Versus
Yellavajhula Subbamma – Respondent


JUDGMENT

Sadasiva Aiyar, J.

1. The plaintiff is the appellant. The material facts found are: The 1st defendants husband Chinna Sambayya had two undivided brothers, namely P. Sambayya and G. Sambayya. P. Sambayya was the eldest, G. Sambayya was the second brother, and the 1st defendants husband C. Sambayya was the yougest. P. Sambayya died issueless about the year 1877. G. Sambayya who was born blind about 1847 had, however, been invested with the sacred thread (the parties being Brahmins by birth) as if he had no such disability and lived in commensality with his younger brother C. Sambayya in undivided family communion after the death of the eldest brother P. Sambayya. G. Sambayya died in December 1911 when he was about 65 years old. His younger brother C. Sambayya, the 1st defendants husband had predeceased him in November 1906 leaving his widow the 1st defendant as his heir. Soon after the 1st defendants husbands death on the 19th January 1907, the blind Brahman G. Sambayya, executed the will Exhibit VII as follows: " I am now 60 years old. I am born blind. Your husband is my undivided brother. I am unmarried. My younger brother has no male issue. He left only two daughters. I exe
















































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