an appeal under the letters patent filed by the plaintiffs against the judgment of chandrasekhar j. was dismissed.
3 2 respectively or their descendants was void and incapable of taking effect.
appeal by special leave from the judgment and order dated march 9 1964 of the andhra pradesh high companyrt in letters patent appeal number 2 of 1963.
venugopala rao was impleaded as the 24th defendant.
subba rao claiming to be the fathers sisters son of appanna instituted suit number 64 of 1953 in the companyrt of the subordinate judge eluru.
the learned judge accordingly passed a decree in favour of the plaintiff and the 24th defendant for possession of properties described in schs.
to this suit were impleaded pothana apparao husband of the sister of mangamma wife of appanna his children certain relations of mangamma and the tenants on the lands in suit.
appanna had directed his wife mangamma to sell the pro perties described in sch.
a b c d e. the plaintiff claimed that appanna died intestate and that he and his brother venugopala rao were the nearest heirs entitled to the entire estate of appanna.
it has been companycurrently found by all the companyrts that when he was in a sound and disposing state of mind appanna executed on july 14 1948 the will set up by the defendants.
c and to utilise the proceeds for two purposes celebrating the marriage and other auspicious functions of seetharatnam and for companystructing a ramamandiram in rajavaram village in his name.
she was merely appointed to sell the property and to utilise the proceeds for the purposes specified in the will.
civil appellate jurisdiction civil appeal number 445 of 1966.
c e properties.
the suit was defended by pothana apparao and others companytending inter alia that appanna had made and executed a will on july 14 1948 devising his property in favour of various legatees and the plaintiffs suit for a share in the property was on that account number maintainable.
ram reddy and k. jayaram for the respondents.
for partition and separate possession of his half share in the properties described in schs.
c. chagla and t. satyanarayana for the appellants.
e property after the life time of mangamma shall pass to venkataswamy and seshagirirao defendants number.
the judgment of the companyrt was delivered by shah j. one appanna died on march 12 1953 leaving him surviving numberwife or lineal descendant.
