KANTITI NARSANNA Vs. KANTITI SATYAVATI

JUDGEMENT

(1.) This is an appeal under the Letters Patent against the Judgment of Kumarayya J. in A. S. 39 of 1959, by which the learned Judge decreed the plaintiffs suit for partition of items 1 to 8 of plaint A schedule lands in modification of the lower courts decree and confirmed the decree of the lower court for a partition of the entire plaint B schedule properties (house properties) and Items 1 to 7 of plaint C schedule properties (moveables).

(2.) Defendants 1 to 3 are the present appellants, defendants 2 and 3 being the sons of the 1st defendant. The suit was brought by the widow of the 1st defendants brother, Kanteti Satyanarayana, who died on 14-12-1947 leaving him surviving his widow the plaintiff.

(3.) The main defences to the suit were: firstly that the plaintiff had given up her claim to a share in the family properties and elected to receive only maintenance under a family settlement dated 4-11-1948 and as such it is not now open to her lo claim a share: and secondly that items 1 and 4 to S of plaint A schedule are Barbers service inam lands which could not be partitioned.