YADALA VENKATA SUBBAMMA Vs. YADALLA CHINNA SUBBAIAH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Andhra Pradesh High Court passed in Letters Patent Appeal No. 82 of 1982. Appellant who was the original plaintiff has challenged the impugned judgment in this appeal.

(2.) Briefly stated the facts are as follows. It will be convenient to refer to the parties in the judgment according to their position in the original suit.

(3.) One Thummalapenta Nagayya was the owner of the suit property and through his first wife he got a daughter, Subbamma who was married to defendant No. 1. After death of his first wife Nagayya married defendant No. 4. Polamma and through her he got two daughters, Narayyamma and Pitchamma. On 4-6-1927, Nagayya executed a Will and shortly thereafter died. In the will it was recorded by him that he wanted to give his daughter. Pitchamma in marriage to his nephew, Yadalla Lakshmaiah and wanted to give all his properties to him, whom he brought to his house two years back from the date of the Will. As he could not perform their marriage during his lifetime, the marriage should be performed after his death in his house and all properties except the properties given to his grandson defendant No. 3 should go to his daughter Pitchamma and the said Lakshmaiah. He declared that both his daughter and son-in-law shall be entitled to all his outstanding properties and liable for his debts, if any. He stated that his second wife Polamma defendant No. 4 should be looked after properly by his daughter and son-in-law. Regarding their daughter Narayanamma, he stated that she should be married after attaining proper age and that at the time of marriage she should be given 30 cents of land and further in case his wife Polamma did nor wish to reside with his daughter and son-in-law, she would be entitled to be in possession of the house property, then available and shall have life interest in such property and these properties shall devolve upon his daughter and son-in-law after the death of his wife Polamma, defendant No. 4. After the death of Nagayya his daughter Pitchamma was married to Lakshmaiah but she died within about two years of her marriage. Narayanamma the other daughter of Nagayya died soon after the death of Nagayya with the result that all the suit properties came to devolve upon Yadallay Lakshmaiah who married second time who also died soon. Thereafter Lakshmaiah married the plaintiff and died soon after without leaving any issue through the plaintiff.