Andhra Pradesh Court November 1981 Judgments
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T. Rama Seshagiri Rao and anr. Vs. N. Kamalakumari
Court: Andhra Pradesh
Decided on: Nov-03-1981
Reported in: AIR1982AP107
ORDER1. Tadimalla Rattamma, obtained a decree against the petitioners for maintenance with a charge over their immovable properties for realisation of the amount decreed. She died after obtaining the decree. Before her death, she executed a will on 12th Sept., 1974 bequeathing the maintenance decree in favour of her daughter, Nidamarthi Kamala Kumari, the respondent. The respondent filed E. P. No. 55/1975 in the Court of the Subordinate Judge, Eluru, for execution of the decree. The petitioners--judgment --debtors took a preliminary objection that the execution petition was not maintainable without producing the succession certificate under S. 214(1)(b) of the Indian Succession Act , 1925. The learned Subordinate Judge held that the charge was in the nature of a simple mortgage and no succession certificate was necessary, for proceeding against the property in execution. In this connection he relied upon Ramaswami V. Venkanna, : AIR1963AP135 and Ruprao V. Ram Rao, AIR 1952 Nag 88. He a...
A. Pooornachandrarao Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-03-1981
Reported in: AIR1982AP141
ORDER1. One Seethatamavadhuta of Patmatalanka of Vijayawada. Krishna District. had founded 'Tapovanam' and created a trust for its running. The trust deed was first registered on 15-4-1951. The land and the buildings belonging to the said Avadhuta, were declared to be the trust properties to be used for the purpose mentioned in the trust deed which are those to help and enable the spiritually minded to pursue and practise Sadhanas connected with Bhakthi, Gnana and Yoga, Although the founder desired that such persons should be tradition-bound, he laid it down that the use if the Tapovanam should be open to all irrespective of the caste, creed and religion. In this first trust deed the aforesaid Seetharamavadhuta had appointed himself as the sole Managing Trustee. He nominated the present writ petitioner to succeed him as the trustee on his demise. Later, on 20-3-58 the aforesaid Seetharamavadhuta had educated a supplementary trust deed appointing five trustee including himself to admini...
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