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Privy Council Court January 1932 Judgments

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Jan 18 1932

Satgur Prasad Vs. Har NaraIn Das

Court: Privy Council

Decided on: Jan-18-1932

Sir George Lowndes: These are consolidated cross-appeals against a decree of the Chief Court of Oudh dated 2nd May 1928. The appellant in the one case, Satgur Prasad, was the principal defendant in a suit instituted on the original side of the Chief Court, which was decided against him both by the trial Judge and the Court of appeal. In the other the plaintiff, Mahant Har Narain Das, is the appellant, raising subsidiary questions on which the Court of appeal had decided against him. The main issue in the suit was as to the validity of a deed, dated 26th November 1924, by which the plaintiff purported to make over a valuable estate and other property to the defendant-appellant subject to certain conditions. The object of the suit was to set aside this deed on the ground that it was procured by undue influence and fraud. There are concurrent findings of both the Courts in India that this has been established, and they are undoubtedly findings of pure fact. It is not disputed that if they...


Jan 12 1932

(Kadiyala) Venkata Subamma and Another Vs. (Katreddi) Ramayya and Othe ...

Court: Privy Council

Decided on: Jan-12-1932

Sir George Lowndes: The appellants are beneficiaries under the will of one Madduru Venkata Subanna, who died on 5th January 1917. He was a Hindu residing at Pedakapavaram, in the Kistna District of Madras. The respondent, Madduri Gangamma, is his widow, and was appointed (as is now admitted) executrix according to the tenor of the will, but has not obtained probate. The other respondents are a minor son, adopted by the widow, and various persons interested in the properties of the testator under alienations made by the widow purporting to act as his executrix. The suit out of which the appeal arises was instituted by the appellants to enforce their right to particular parcels of land which they alleged had been allotted to their shares under a family arrangement made shortly after the testator's death, or in the alternative for partition of the estate without regard to the alienations which, it was contended, the executrix had, in the absence of probate, no power to make, and which wer...


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