VAJJA BASAVAYYA Vs. KAMBHAMPATI RAMAYYA

JUDGEMENT

(1.) On 24th August, 1926, Ankanna executed a will, Exhibit A-1, whose construction is the subject of dispute and died shortly thereafter. Ankanna's immoveable properties consisted of an one-third share in a house and 0-80 cents of land which he bequeathed to his wife, Veeramma under Exhibit A-1 in these terms:

(2.) On the death of the testator his widow, the 1st defendant, took possession of the 80 cents which was all the land that he had and bequeathed under Exhibit A-1. Later on. she sold the 80 cents of land to the 2nd defendant in 1949. Thereupon the testator's brother, Ramaiah brought the present suit for possession of 33 cents of land basing his claim on Exhibit A-1 and impleading the widow and her vendee as defendants 1 and 2 respectively. The Courts below decreed the suit and directed a partition and delivery to the plaintiff of 33 cents of land out of the 80 cents with profits. The second defendant, the purchaser from the widow, has preferred this second Appeal.

(3.) Sri R. Rajeswara Rao for the appellant contended (1) that there was no valid bequest in favour of the plaintiff on a proper construction of Exhibit A-1 ; (2) that the direction to the widow to give 33 cents to the plaintiff was repugnant to the absolute gift of 80 cents of land to her under the earlier part of the will and was therefore void and unenforceable ; and (3) that the suit was barred by limitation. Several decisions were cited before me in support of these contentions.