Andhra Pradesh Court January 1963 Judgments
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Mutha Subbarao and ors. Vs. the Official Receiver, West Godawari at El ...
Court: Andhra Pradesh
Decided on: Jan-04-1963
Reported in: AIR1965AP52
(1) This batch of Civil Miscellaneous Second Appeals arises out of the order of the learned District Judge, Eluru, in C. M. As. 20 of 1958 and A. S. Nos. 85 to 90 of 1958, which were disposed of by a common judgment. C. M. S. A. 128 of 1958 is against C. M. A. No. 20 of 58, which was itself an appeal against the order in I. A. No. 479 of 1957. That application was filed by the Official Receiver, Eluru, under Sections 4 and 5 of the Provincial Insolvency Act (hereinafter referred as 'the Act), and Sec. 151 of the Civil Procedure Code, on behalf of the general body of creditors. Respondents 1 and 2 therein are the sons of one of the insolvents, Satyanarayana, and the third respondent is the son of another insolvent, Shesha Rao, both of whom were adjudicated insolvents on their own application in I. P. No. 20 of 53 on the file of the Sub Court, Eluru. Respondents 4 to 8 are the creditors of the two insolvents, who filed suits both against the insolvents and their sons (respondents 1 to 3)...
Davaluri Ramaiah Vs. Bodepudi Venkata Subbaiah
Court: Andhra Pradesh
Decided on: Jan-03-1963
Reported in: AIR1965AP63
Chandra Reddy, C.J.(1) The problem that requires solution in this Letters Patent Appeal is whether the property allotted to the last male owner for his share at a partition with his coparceners falls within the ambit of the Hindu Law of Inheritance (Amendment) Act, 1929 (hereinafter referred to as Act II of 1929). (2) The facts giving rise to this appeal lie in a short compass and are as follows. The properties in dispute originally belonged to one Davuluri Subbaiah having been allotted to his share in a partition with his brother Nagaiah. Subbaiah died on 16-6-1912 survived by his widow Lingamma and three sisters by name Peramma, Kotamma and Veeramma. After the death of Subbaiah, his widow enjoyed these properties as a limited owner. On her death, the properties were claimed by the adopted sons of Kotamma and Veeramma. As the right of these two persons was resisted by a person claiming to be the adopted son of Lingamma. The adopted son of Veeramma was obliged to file a suit for a decr...