NYALATI LALITHAMMA Vs. NYALATI RATHANAMMA

JUDGEMENT

(1.) The plaintiff in O.S.No.34/75 on the file of the Subordinate Judge's Court, Medak at Sangereddy is the appellant in this second appeal. She had filed the suit for partition to the extent of half share in the suit properties belonging to Venkat Reddy.

(2.) In order to appreciate the position of the parties, it is necessary to relate the geneology of the parties. One Venkat Reddy was the owner of the suit properties. He died in the year 1951 leaving behind his only daughter Ratnamma. who is the defendant in the suit. It appears, Venkat Peddy had a son who died before 1951. Venkat Reddy then took Laxma Reddy as an illatom son-in law and got him married to the defendant in the suit. Laxma Reddy died in the year 1950, i.e. one year prior to the death of Venkat Reddy leaving behind a son named Ramachendra Reddy, who died in the year 1964leaving behind his wife Lalithamma, who is the plaintiff in the suit. It is the case of the plaintiff that Laxma Reddy was entitled to half share in the properties of Venkat Reddy on the basis of an agreement entered into between Venkat Reddy and Laxma Reddy promising to give Laxma Reddy half of his properties at the time of taking him as illatom son- in law. Since Venkat Reddy died without leaving any natural son, Laxma Reddy would be entitled to the entire properties of Venkat Reddy and after the death of Ramachandra Reddv, the plaintiff would be entitled to half the properties and the defendant would be entitled to half the properties as per the provisions of Hindu Succession Act of 1956 The trial court decreed the suit of the plaintiff to the extent of one - fourth share only and the lower appellate court confirmed the decree of the trial Court. Hence, this Second Appeal.

(3.) Mr. C.R. Pratap Reddy, the learned Advocate appearing on behalf of the plaintiff-appellant contends that no doubt Laxma Reddy was entitled to half of the properties of Venkat Reddy on the basis of the agreement entered into between Venkat Reddy and Laxma Reddy at the time of bringing Laxma Reddy as illatom son-in-law into the family. But since Venkat Reddy does not have any natural born son, Laxma Reddy would be entitled to the entire properties and as such those properties would be inherited by Ramachandra Reddy and consequently, after his death the plaintiff would be entitled to half being the wife of Ramachandra Reddy under the provisions of the Hindu Succession Act of 1956. In support of this contention, Mr. Pratap Reddy has cited the ruling in Lakshma vs. Venkatayya (1) (AIR, 1943 Madras 731), in which it was held as under: