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1963 Supreme(Ori) 106

R.L.NARASIMHAM
K. SUBHADRAMMA – Appellant
Versus
P. SAKUNTALLAMMA – Respondent


Advocates Appeared:
K.Mrutyanjay Rao, N.V.RAMDAS, P.V.B.RAO

R. L. NARASIMHAM, C. J.

( 1 ) THE decision of this appeal depends solely on the construction of a Will (Ext. A) said to have been executed by one Raghabayya on 19-10-1947. The plaintiff appellant is Raghabayya's brother's daughter. By that Will Rag'habayya bequeathed the disputed properties to his wife's brother P. Subba Rao. It is admitted that the said Subba Rao obtained possession of the properties by virtue of the Will and, after his death, those were inherited by his son Appa Rao who however died on 6-1-1958 issueless --leaving a widcw Sakuntallamma, k. Subhadramma vs. P. Sakuntallamma and Ors. (09. 12. 1963 -ORIHC) Page 2 of 2 (defendant-respondent No. 1 ). The plaintiff's suit was based mainly on a clause in the Will which, translated in English, is as follows: "my nephew P. Subba Rao and his Purusha Santathis shall be the , claimants under this Will. "

( 2 ) ON behalf of the appellant-plaintiff, Mr. Ramdas urged that by this clause the line of succession was limited to the male heirs of the legatee of the testator and when the line became extinct the properties would go to the nearest heir of the testator. On behalf of defendant-respondent No. 1 it was urged by Mr. P. V. B



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