SRI RAJAH INUGANTI VENKATA RAJAGOPALA SURYARAO BAHADUR GARU Vs. SRI RAJAH DATLA VENKATA SURYANARAYANA JAGAPATHI BAHADUR GARU

JUDGEMENT

(1.) This is an appeal from the judgment of,, the Subordinate Judge of Cocanada in a suit brought by the plaintiff as the next reversioner of the last male owner Surya Rao to recover the suit properties which formed part of the estate of the last male owner.

(2.) The position is somewhat a curious one because these properties were purchased by the defendants in a court auction under decrees obtained against the plaintiff himself. The last male owner left a mother and two sisters and the present plaintiff is the grandson of the elder sister. The mother in 1870 transfered a third of the estate she inherited from her son to each of her two daughters reserving a third for herself.

(3.) Then at a later stage after the death of her two daughters the widow executed another deed, Ex. I, by which she surrendered the one-third that she had previously reserved for herself to her two grandsons, each being the son of one daughter, in equal shares. This was in 1890. The widow survived till 1907. In the meantime the whole estate of the last maleowner was inherited by the two grandsons of whom the plaintiff's father was one. The plaintiff's father incurred debts and it was in respect of these debts that decrees were obtained and the suit properties were brought to sale and purchased by the defendants. Now that plaintiff, on the death of the widow, has succeeded as next reversioner to the share of the last male owner, he seeks to invalidate these Court sales on the ground that they were made pursuant to alienations by the mother of the last male owner for purposes which were not binding and that they are not binding upon him.