VANKAMAMIDI VENKATA SUBBA RAO Vs. CHATLAPALLI SEETHARAMARATNA RANGANAYAKAMMA

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the Division Bench of the High Court of Andhra Pradesh, made on 20-3-1985 in Appeal No. 543 of 1977.

(2.) The admitted facts are that one V. Satyanarayana had executed a Will dated December 1, 1950 bequeathing 2.66 acres of wet land in favour of his wife Smt. Raghavamma and also another gift deed bequeathing lands in favour of his daughter Smt. Seetharamaratna Ranganayakamma, the respondent herein. He died on December 2, 1950 leaving behind him his widow Raghavamma, his minor son, the appellant herein and his daughter the respondent. Subsequently, his widow Raghavamma filed O.S. No. 182/53 in the Sub-Court, Tenali for partition of all the properties into equal shares between herself and the appellant. Therein a compromise was effected and a decree in terms thereof under Ex.A-11 was passed on July 13, 1955. Under the compromise decree, the property bequeathed in favour of the respondent, Ranganayakamma was affirmed. The properties sold by the appellant to the third party also was affirmed. The balance property was partitioned in equal shares of 6.5 acres with a right of reversion to the appellant on the demise of Raghavamma. Subsequently, on April 25, 1959, the appellant had executed another gift deed to an extent of 1.50 acres of land in favour of third party jointly with his mother wherein she acknowledged that the property had by Raghavamma under compromise decree under Ex.A-11 was conferred with a limited interest in terms thereof. Thereby, she had acknowledged that she had a life interest in the properties had under the compromise decree. Equally, the appellant had executed another gift deed to an extent of 1.97 acres bequeathing under Ex.A-4 in favour of his mother to enjoy the property during her lifetime as limited owner. She accepted, acted on and enjoyed for life. This was also pursuant to the compromise decree under Ex.A-11. Therein also she had acknowledged that she had life interest in the compromise decree under Ex.A-11. After the estate was abolished under the AP(AA) Estate (Abolition and Conversion into Ryotwari) Act, 1948 (for short, the Abolition Act), the claim under S. 15 of the Act was filed. Thereunder, the husband of the respondent laid the claim for Ryotwari patta. The Settlement Officer negatived the claim of the appellant and granted patta in favour of Krishnamurthy, namely, the husband of the respondent. On appeal, in TAS No. 84/61 dated December 3, 1962, the appellate authority set aside the order and granted joint patta in favour of appellant No. 1 and his mother Raghavamma. On her demise on April 7, 1973, the appellant filed an application and patta to the entire extent was granted exclusively in favour of the first appellant.

(3.) Raghavamma had executed a Will in favour of the respondent bequeathing the property obtained under Ex.A-11. In furtherance thereof, the respondent filed OS No. 94/73 for possession of the properties under the Will dated July 6, 1972. The trial Court dismissed the suit. On appeal, it was decreed. Thus, this appeal by special leave.