VUYYURU SUBBAREDDI Vs. VUYYURU BASIVIREDDI

JUDGEMENT

(1.) Defendants 1 and 3 to 8 are the appellants. The suit was instituted by the 1st respondent-plaintiff for recovery of possession of the properties described in the plaint schedule on the ground that under the provisions of the will Exhibit A-1 dated nth February, 1918, executed by his grandfather, Subba Reddy, in favour of his' (plaintiff's) mother Mahalakshmamma, the properties vested absolutely in him on the death of Mahalakshmamma. Defendants 1 to 8 contested the suit. The 1st defendant set up that Mahalakshmamma had given certain items of the suit properties in gift to him under a valid registered deed, and the other defendants claimed to be vendees of Mahalakshmamma for valuable consideration in respect of the other items. The contest between the parties thus turned upon the rights which Mahalakshmamma obtained under the will, Exhibit A-i, in relation to the suit properties. The Plaintiff's case was that Mahalakshmamma obtained only a life estate and that on her death the properties devolved upon him as absolute owner. On the other hand, the defendants set up that Mahalakshmamma was the absolute owner with full powers of alienation and that therefore she was entitled validly to alienate the properties in their favour and that the plaintiff was not, therefore, entitled to possession of those properties or to challenge the alienations made by Mahalakshmamma. The trial Court, dismissed the suit. On appeal, the District Judge at Guntur reversed the decree of the trial Court and decreed the suit. The aggrieved defendants have therefore come up to this Court in second appeal.

(2.) It is useful to set on some facts which were in existence at the time of execution of the will Exhibit A-1. Subba Reddy had three daughters, Lakshmidevamma, Rukminamma and Mahalakshmamma. Lakshmidevamma was married to one Chinna Reddy and the plaintiff was begotten of that union. Some years after the plaintiff was born, his mother Lakshmidevamma died. So Chinna Reddy married Mahalakshmamma, the sister of Lakshmidevamma, his deceased wife. At this point of time Subba Reddy (father of Mahalakshmamma and deceased Lakshmidevamma) executed the will Exhibit A-1. Under the will the widow of his deceased son and the two living daughters, Rukminammand Mahalakshmamma were given bequests as also his wife who was then alive. The bequest in favour of Mahalak- shmamma is contained in Paragraph 3 of the win which reads as follows :-

(3.) I shall now extract paragraph 6 which reads ;