KOTHI SATYANARAYANA Vs. GALA SITHAYYA

JUDGEMENT

(1.) This appeal by the defendant is by Special Leave and challenge is to the decision of a Division Bench of the Andhra Pradesh High Court in a Letters Patent Appeal.

(2.) Plaintiff asked for a decree for possession after eviction of the defendants and claimed mesne profits both past and future. Plaintiff and Veeraraju happened to be sons of Ramamurty. The two brothers had amicably partitioned their properties in 1909. Veeraraju died in 1927 leaving behind his widow. As Ramamurty sold certain properties from Veemraju's share in 1928, the widow raised dispute and mediators brought about a settlement leading to the execution of a Deed of Settlement dt. August, 18, 1937, whereunder Ramamurty settled certain properties on the widow with life interest and upon her death, those properties were to revert to Ramamurty or his heirs. After the widow's death, the plaintiff who is son of Ramamurty claimed the properties but defendant No. 1 who is the brother of the widow set up title thereto under a Will dt. May 14, 1962 of the widow.

(3.) The main question that arose for consideration in the Courts below was whether the life-estate created in favour of Veeraraju's widow under the Settlement Deed had been transformed into full ownership under S. 14(l) of the Hindu Succession Act of 1956. All the three Courts have held that the life-estate carved out under the 1937 settlement did not get transformed into title in favour of the widow and she did not acquire any alienable interest in the properties to bequeath in favour of her brother.