CHILAMAKURI CHINNA PULLAPPA Vs. GURUKA CHINNA BAYANNA

JUDGEMENT

(1.) This is an appeal from the judgement ans decree of the Court of the Subordinate Judge, Anantapur, in Original Suit No. 58 of 1955.

(2.) The facts material for appreciating the question debated before us are not in dispute. The plaint schedule proporties belonged to one Toomula Hanumappa, resident of Kottalapalli in the Anantapur District. His wife was Viyyamma. He had a son and a daughter. His son, Peddayya died shortly after his marriage. Hanumappa executed a will on 19/12/1941. He died on 22/07/1942. His widow Viyyamma, died on 2 2/02/1954. Peddakka, the daughter of Hanumappa, who was married to the 1st defendant predeceased her mother on 8/07/1945. Defendants 1 and 2 arebrother and are the sisters sons of Hanumappa. Plaintiff is the son of another sister of Hanumappa. He instituted the suit on 17/11/1955 for a declaration of his title to a 1/3rd share out of the properties comprised in the estate of Hanumappa and for partition and seperate posession of one such share.

(3.) The genuineness of the will was not seriousl disputed by the plaintiff. It could not have been otherwise because the will was registered and the testator lived for seven months after its execution. It was, however, contented by the plaintiff that the will in question duly executed and also that the estate created by the testator in favour of his daughter was contingent on her surviving her mother, and that as the daughter predeceased her mother, there was a lapse and the estate should devolve on the reversioners as on intestacy. Both these contentions were negatived by the lower court, with the result that the suit was dismissed. Against the decision of the trail court, the plaintiff has preferred this appeal.