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1972 Supreme(Ori) 53

R.N.MISRA, B.K.RAY
Konchada Laxminarayan Subudhi – Appellant
Versus
Konchada – Respondent


Advocates:
Y.S.N. Murty and A.N. Rao, for Appellants; P.V. Ramdas, R. Mohanty and R.C. Patnaik, for Respondents.

Judgement

R.N. MISRA, J. :- The plaintiffs are in appeal against the decree of the learned Subordinate Judge, Berhampur dismissing their suit for possession and mesne profits. The plaintiffs laid claim on the footing that they were reversioners. The genealogy appended below shows the mutual relationship.

The four brothers Bhavanna, Gangadhar, Pandayya, and Venkayya were admittedly separate. Pandayya died in 1925. His adopted son Rajgopalam had predeceased him leaving behind a widow Sundaramma who died on 15-7-1965 Rajgopalam's son Adinarayanna died in 1928. He had left a widow Satyamma who lived up to 1943. The present dispute is in relation to properties of Pandayya Subudhi.

Venkayya left behind two sons Nilakantham and Rajgopalam. Rajgopalam had been taken in adoption by Pandayya. The two sons of Nilakantham are the plaintiffs. Gangadhar's branch became extinct. Defendants 3 and 4 are the grandsons of Bhavanna. Sundaramma adopted defendant No. 1 on 17-3-1965 and acknowledged the adoption by a deed dated 20th of March, 1965 (Ext. B) and conveyed valuable properties to the first defendant. On 15th of March, 1965 she made a registered deed of settlement in favour of the second defendan















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