YELLAMANCHILI CHINNABBAYI Vs. YELLAMANCHILI SIVA PANCHAKSHARAMMA

JUDGEMENT

(1.) This appeal is on behalf of the minor plaintiff and is directed against the Judgment and decree of the Court of the Subordinate Judge, Vijayawada in O.S. No. 171 of 1950.

(2.) To appreciate the controversy between the parties to this appeal, it would be necessary to state a few facts. One Yellamanchili Lakshmayya, a land-holder and resident of the village of Godavarru, in the Krishna District, fell ill and was taken to Vijayawada for treatment. On 30th November, 1946 he executed a will at Vijayawada. The genuineness and due execution thereof are not in question. By the will, broadly speaking, he gave an extent of Ac. 6-50 cents absolutely to his wife and a garden measuring 80 cents to his mother. He directed his wife to take in adoption the second son of his elder brother and provided that after the boy attained majority, his wife should deliver possession of his other movable and immovable properties to him. Lakshmayya died on 1st December, 1946. His dead body was removed to his native village where it was cremated on 2nd December, 1946.

(3.) On the death of Lakshmayya, his widow (the defendant,) entered into possession of the properties comprised in her husband's estate. The plaintiff the brother's son of the deceased, was then about six years old. The suit, out of which the appeal arises, was instituted on 21st June, 1950 on behalf of the minor plaintiff, by his maternal uncle as next-friend, for declaring his right in the immovable properties mentioned in schedule A appended to the plaint and for possession ; for directing the defendant to render a proper account in respect of the income realised from the B schedule out-standings and for other incidental reliefs.