CHANDIKA VENKATA REDDI Vs. CHANDIKA KONDAMMA
HIGH COURT OF ANDHRA PRADESH
CHANDIKA VENKATA REDDI
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Reddy, C.J. -
(1.) The question that is posed by this appeal directed against the judgment of our learned brother, Anantanarayana Ayyar, J., in S. A. No. 676 of 1957 under clause (15) of the Letters Patent, filed with his leave, is whether a surrender in favour of a remote reversioner is void or voidable at the instance of the nearest reversioner.
(2.) The facts of the ease, which are not in dispute, lie within a narrow compass and may be stated as follows: The Respondent, the widow of one Basavayya, executed a deed of surrender on 9-4-1949 in favour of her husbands paternal uncles, who are not the nearest rcversioners, the presumptive reversioner being her mother-in-law, in respect of all the properties left by her husband, i.e., Ac. 4-10 cents. Within a few days thereof, i.e., on 21-4-1949, the surrenderees (defendants 1 and 2) settled Acres 2 out of the properties upon the widow with absolute rights and put her in immediate possession thereof.
(3.) For reasons which are not apparent and with which we are not concerned, the widow, i.e., the surrenderer filed a suit for recovering the remaining property impeaching the surrender as ineffective for the reason that it was made in favour of persons who are the remote reversioners.;
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