KRISHNA RAO Vs. SUNDARA SIVA RAO

JUDGEMENT

(1.) This appeal relates to the succession to the immovable property of the late Krishna Rao, a Brahmin and a karnam, who died on 20 April 1913, without issue, but leaving a widow. The suit was instituted on 16 December 1918, by Kruttiventi Surayya, who admittedly is the nearest reversioner to the estates after the death of the widow, against the widow, as defendant 1, Vempati Satyanarayanamurti, as defendant 2 and other defendants, who were the purchasers under two deeds of sale and the mortgagee under a mortgage deed executed by defendant 2 in the years 1914 and 1916. Defendant 2 is now dead, and is represented by the appellant.

(2.) A few months before his death the late Krishna Rao, while he was ill, executed a document in favour of defendant 2, who was a son of his wife's sister, and whom he had brought up. The material part of that document (Ex. 1) which is dated 16 December 1912, is as follows: "As I have had no issue I have brought you up while you were young and have adopted you and celebrated your upanayanam, etc., and have chosen you as a son; so I have communicated this fact to the revenue authorities and got your name registered for the office of the karnam held by me. Further, you shall be my son and you shall be entitled to my entire property as a son."

(3.) The deceased presented the document for registration, and it was registered in Book IV, "Miscellaneous Register," on 23 December 1912, under the Registration Act 16 of 1908. After the death of Krishna Rao mutation was effected in the name of defendant 2 and he entered on possession of one properties of the deceased. In 1914 defendant 2 sold two portions of the properties and in 1916 he borrowed money on mortgage; it has been held by both Courts below as established that the proceeds of these sales and the mortgage were applied by him in discharge of debts of the deceased.