KOTTA PULLAYYA, 1ST Vs. GRANDHI VEERARAGHAVAMMA AND ANOTHER,

JUDGEMENT

(1.) The first defendant is the appellant. The only question that arises for consideration is as to the true construction of the will executed by Manikyam on 3-1-1913 and marked as Exhibit A-3. There is no doubt that the properties devised under the will belonged to Manikyam absolutely as found by both the Courts below.

(2.) According to the case of the plaintiff, the properties were bequeathed absolutely in favour of Manikyam's sister's sons, i.e., the second defendant and the plaintiff's deceased husband, and that as her husband died in 1914, she became entitled to his interest in the suit property.

(3.) The 1st defendant (appellant) mainly contested the suit. The District Munsif of Rajamundry held that Sections 105 and 107, Succession Act, did not apply, as the will was executed by a Hindu and that the plaintiff acquired an interest under the terms of the will, Exhibit A-3. On appeal, the learned Subordinate Judge of Rajamundry differed from the District Munsif and held that Sections 105 and 107, Succession Act, applied also to Hindu wills. But on a due and proper construction of the will he confirmed the judgment of the District Munsif and held that as the heir-at-law of Satyanarayana, the plaintiff was entitled to a half share under the terms of Exhibit A-3. The second appeal is brought by the 1st defendant as against the judgment and decree of the Subordinate Judge of Rajamundry.