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1977 Supreme(Ori) 101

S.ACHARYA
T. Venkat Sitaram Rao – Appellant
Versus
T. Kamakshiamma – Respondent


Advocates Appeared:
P.V. Ramdas and N.V. Ramdas, for Appellants; A. Das, S. Kr. Mohanty, S.N. Senapati and D.S. Misra, for Respondents.

Judgement

JUDGMENT :- Defendants 2 and 3 have preferred this appeal against the decision of the court below confirming that of the trial court.

2. The plaintiff s suit is for partition and allotment of her 1/4th share of the suit property and for other consequential reliefs.

3. One Telikicharia Narasimha Murty had 2 sons and 2 daughters. Defendants 1 and 2 are his two sons and the plaintiff and defendant no. 3 are his two daughters. The said Narasimha Murty died on 21-12-61 leaving behind him the suit properties. The above-mentioned facts are not disputed.

4. The plaintiffs case, shorn of unnecessary details, is that the said Narasimha Murty did not have sufficient income to acquire the suit properties and that those properties were acquired by him by selling his ancestral properties in Srikakulam district of Andhra Pradesh. After the death of Narasimha Murty, defendants 1 and 2 possessed the suit properties without allowing the plaintiff any share in the same though she is entitled to a share in those properties. The plaintiff asked the defendants to amicably partition the said properties, but as they turned a deaf ear to her request she instituted this suit.

5. Defendant no. 1 in his





















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