PARUCHURI SURYANARAYANA Vs. PARUCHURI SUGUNAVATHI

JUDGEMENT

(1.) These appeals arise out of the judgment and decree of the Subordinate Judges Court, Gudi-vada, in O. S. No. 160 of 1951. That was a suit for partition and separate possession of the plaintiffs half share in the immoveable properties described in Schedules A and B appended to the plaint.

(2.) The plaintiffs husband Siva Rao, and the defendant are the sons of one Venkatakrishnayya. The plaintiff was married to Sivarao on the 15/06/1949, and shortly thereafter her marriage was consummated, but ill-luck would have it, Sivarao died on the 4/04/1950. Her father-in-law, predeceased her husband, with the result that the defendant is the sole surviving member of the coparcenary.On the basis of the right conferred by the Hindu Womens Rights to Property Act, whose operation was subsequently extended to agricultural properties by means of an Amending Act passed by the Madras Legislature, the plaintiff claims that she is entitled to have a partition of the family properties, both immoveable and move-able, into two equal shares and for recovery of one such share. According to her, the family owns the immoveable properties described in the plaint A Schedule and moveables described in the B Schedule besides outstandings and cash to the tune of Rs. 75,000.00.

(3.) It was conceded by the defendant that, all the items except item 8, of the plaint A Schedule were family properties in which the plaintiff was entitled to a half share. With regard to item 8, the lower Court held that it was not part of the family estate; and there is now no appeal every with regard to this item. The decree granted by the lower Court in favour of the plaintiff with regard to her half share in Schedule A is thus no longer in dispute.