MYLA VENKAYAMMA Vs. ARADHYULA SARASWATHI

JUDGEMENT

(1.) Second defendant in O.S.No.321 of 1999 on the file of the Principal Junior Civil Judge, Bapatla, filed this second appeal. The 1st respondent in the second appeal is the sole plaintiff, and Respondents 2, 3 and 4 figured as defendants 1, 3 and 4, respectively. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) Bonthagorla Venkateswarlu, owned and possessed several items of immovable properties. The 1St defendant, by name Savitramma, is his wife; plaintiff, and defendant 2, 3 and 4 are his daughters. He executed a will dated 17-8-1964, bequeathing item 'A' of the schedule, absolutely, to his wife, the 1st defendant. In 'B', 'C', 'D' and 'E' schedule properties, he created life interest in favour of the 1st defendant, and vested remainder, in favour of the plaintiff; husband of the 2nd defendant, by name Venkateswarlu, and defendants 3 and 4, respectively.

(3.) Plaintiff filed the suit for a declaration and consequential injunction to the effect that she is the absolute owner of Ac.2.75 cents of land, shown in the suit schedule. According to her, though vested remainder was created under the will, in her favour, by virtue of a family settlement, subsequent to the death of the testator, she became the absolute owner, and that she is in possession and enjoyment thereof.