KALLAKURI RANGANAYAKAMMA AND OTHERS Vs. KALLAKURI RAJA RAJESWARAMMA

JUDGEMENT

(1.) This appeal arises out of O. S. No. 48 of 1957 on the file of the Subordinate Judge's Court, Narasapur, brought by defendants 1 to 8 therein.

(2.) The suit was raised by the senior widow of one Ananda Rao, who died on 18-03-1954, leaving behind him the plaintiff, the first defendant (his junior widow), four sons and three daughters and considerable properties, for partition of the properties left by him into ten shares and for separate possession of one share to her and for accounts and profits.

(3.) The action was resisted by the defendants, namely, the junior widow of Anandarao and his sons and daughters, inter alia on the pleas that the plaintiff was disentitled to claim the relief of partition for the reason that the statute under which she could claim the right was repealed, that she had given up all her rights to claim partition under the compromise entered into between herself and her husband in or about the year 1943 and that she was not entitled to a share in item 5, which is a house in Narasapur, acquired with the funds belonging to defendants 1 to 5.