DAVALURI RAMAIAH Vs. BODEPUDI VENKATA SUBBAIAH

JUDGEMENT

(1.) The problem that requires solution in this Letters Patent Appeal is whether the property allotted to the last male owner for his share at a partition with his coparceners falls within the ambit of the Hindu Law of Inheritance (Amendment) Act, 1929 (hereinafter referred to as Act II of 1929).

(2.) The facts giving rise to this appeal lie in a short compass and are as follows. The properties in dispute originally belonged to one Davuluri Subbaiah having been allotted to his share in a partition with his brother Nagaiah. Subbaiah died on 16-6-1912 survived by his widow Lingamma and three sisters by name Peramma, Kotamma and Veeramma. After the death of Subbaiah, his widow enjoyed these properties as a limited owner. On her death, the properties were claimed by the adopted sons of Kotamma and Veeramma. As the right of these two persons was resisted by a person claiming to be the adopted son of Lingamma. The adopted son of Veeramma was obliged to file a suit for a decree for partition and allotment of one share to him and another to the adopted son of Kotamma who was impleaded as the 2nd defendant and the person who opposed the claim as 1st defendant.

(3.) The suit was contested only by the 1st defendant, inter alia, on the defence that he being the adopted sons of Subbaiah was the real owner of the property. The trial Court while holding that the 1st defendant had not established that he was adopted by Lingamma, dismissed the suit on the grounds that the plaintiff was not adopted during the life time of Veeramma and that Section 2 of the Act II of 1929 was inapplicable to the property of the description involved in this suit.