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1947 Supreme(Mad) 139

HORWILL, FREDERICK WILLIAM GENTLE
Singanamalla Krishnamurthy alias Yella Krishnamurthy – Appellant
Versus
Yella Venkataramanappa and others – Respondent


Advocates Appeared:
Kasturi Seshagiri Rao for Appellant.
V.S. Narasimhachar for Respondent.

Horwill J.-

The property which is the subject-matter of the suit out of which this appeal arises belonged to one Chinnayya. The plaintiff claims to be a son of Chinnayya by a permanently kept concubine. The first defendant is the legitimate son of Chinnayya, a man of feeble intellect. The second defendant is his wife. The third defendant, who is the husband of Gangamma, a daughter of Chinnayya, claims to have been taken into the family of Chinnayya as his illatom son-in-law. This suit was tried in part with another suit filed by the third defendant, claiming an equal share in the property of Chinnayya with the legitimate son, the first defendant, on the basis of his adoption as an illatom son-in-law and a common judgment was delivered.

The principal questions tried in the suit were whether the plaintiff was a dasi putra, entitled to a half of the share of a legitimate son, and (2) whether the will Ex. D-1, was true and valid. The learned Judge upheld the contention of the plaintiff that he was a dasi putra: but held that the will of Chinnayya was binding on the plaintiff and that he could be given nothing more than had been bequeathed to him under the will. In this Court, it is not d
























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