BYYAMMA Vs. RAMDEV

JUDGEMENT

(1.) this is a plaintiffs second appeal. One Chowdappa had a son, by name Chikka Ramaiah. Chikka Ramaiah was married to the plaintiff Byyamma. Chowdappa's daughter by name Chickkavcnkatamma had a son Ramdev who is the 2nd defendant. the first defendant, Smt. Akkayyamma is the widow of Chowdappa.

(2.) the plaintiff claimed partition of hershare in the joint family properties described in the Schedule claiming that she had l/3rd share, being the widow of a prc-deccascd son. the defendants denied her claim and asserted that she had only a right to be maintained by 2nd defendant in view of the Will executed by latc Chowdappa on 12-12-1949 bequeathing his interest in favour of 2nd defendant while casting an obligation upon him to maintain the plaintiff and the 1st defendant.

(3.) A few facts that arc not in dispute may be noticed. Chowdappa and Muniyappa were brothers and they constituted a Joint Hindu Family. the husband of the plaintiff, Chickka Ramaiah son of Chowdappa died in the year 1940. By two release deeds dated 6-8-1943 and 14-3-1946 there was a partition between Chowdappa and his brother. It is not disputed before me that the partition was effected through these two deeds eventhough they were described as release deeds. Chowdappa got separate possession of the ancestral properties that fell to his share. On 12-12-1949, Chowdappa executed a Will bequeathing his entire interest in favour of his daughter's son Ramdev, the 2nd defendant. Chowdappa died in the year 1968. the plaintiff claimed 1/3rd share in the joint family properties which was denied to her. She consequently, filed the instant suit claiming 1/3rd share in the joint family properties.