M PARAMESWARAMMA Vs. Y RAMACHANDRARAO DIED MACHIRAJU SREERAMAMURTY

JUDGEMENT

(1.) This appeal is filed by the unsuccessful plaintiffs against the judgment of the Subordinate Judge, Vijayawada, dismissing 0. S. No. 53 of 1956, a suit for recovery of possession of the plaint schedule properties by the first plaintiff and for past and future mesne profits, or, in the alternative for partition of the plaint schedule properties into six equal shares and for allotment of five such shares to plaintiffs 2 to 6 etc.

(2.) The controversy raised by this appeal bears on certain dispositions made by one Dr. Thummalapalli Harinarayana, a retired Disttict Medical Officer, who died childless on 1-3-1950. Dr. Harinarayana, who had amassed considerable properties, executed his will on 27-5-1946 in and by which he disposed of both his self-acquired and ancestral properties endowing the former to several charities and the latter to his near relations including two of his sisters the terms of which were modified by codicils executed subsequently. The testator was one of four brothers and two sisters. His sisters are the first plaintiff and one Sree Mahalakshmamma, mother of the first defendant. His brothers, Balaramaiah and Kalyanasundaram predeceased him, while the third brother Jagannadham was given in adoption to his paternal uncle. His wife, Annapoornamma, died in the year 1945. So, the position in 1946 was that he had one natural brother and two sisters. He, therefore, thought of making a bequest of substantial properties to his two sisters under the testament dated 27-5-1946.

(3.) It is unnecessary for our purpose to set out all tne dispositions he made under the wilt. It is sufficient to refer to three of them contained in paragraphs 8, 11 and 12. Paragraph 8 is in these terms :