POTTI LAKSHMIPERUMALLU Vs. POTTI KRISHNAVENAMMA

JUDGEMENT

(1.) This is an appeal from the decree and judgment of the Court of the Subordinate Judge; Vijayawada, in O.S. No. 112 of 1950. The suit was instituted by the respondent herein for partition of the properties described in schedules A, B and D to F, appended to the plaint, into two equal shares and for recovery of one such share, for recovery of maintenance, for mesne profits and other incidental reliefs. The following short genealogical table will be helpful in appreciating the relationship of the parties to the suit:

(2.) Potti Subbarao, a resident of Bezwada, died in the year 1919 leaving him surviving three sons and two daughters. His eldest son, Sitaramaiah was twice married. By his first wife, he had a son, by name Pullarao. The respondent herein is the second wife of Sitaramayya. Sitaramayya executed a registered will on 3rd August 1938. He died about a week later, on 10th August 1938. Lakshmiperumallu is the 2nd son of Subbarao. He is the sole defendant in the suit and is the appellant in this appeal Subbarao's third son, Krishnamurti, died in or about the year 1930.

(3.) On 6th July 1930 the respondent brought the action. Shortly stated, her ease is that her husband and his two brothers, with the aid of the ancestral business nucleus of Potti Subbarao, acquired the plaint, schedule properties that the will executed by her husband is inoperative ; and that her step-son Pullarao having died, she is entitled to a half share in the plaint schedule properties by virtue of the provisions of the Hindu Women's Rights to Property Act.