BASANGAVDA BIN NAGANGAVDA Vs. BASANGAVDA BIN DODANGAVDA

JUDGEMENT

(1.) The point of greatest importance and difficulty in this appeal is whether Timmava, widow of Kardeppa, or the first cousins of the deceased Dodangavda stand nearest in the reversion.

(2.) Dodangavda and Kardeppa were undivided brothers. Kardeppa died leaving him surviving his widow Timmava. Then Dodangavda died and his widow Doddava took her life estate. She professed to give away the whole of it in 1883 to her deceased husband s first cousins, the defendants. Twenty-six years later she adopted the plaintiff. Timmava, the widow of Kardeppa, is still alive.

(3.) The defendants rely on the doctrine of acceleration which may now he taken to be established law. I shall have to say a few words upon that later. Here it is sufficient to state that true acceleration can only occur between the tenant of the life estate and the nearest reversioner. Therefore, if Timmava was the nearest reversioner in 1883, there could have been no acceleration in that year in favour of the defendants, and the plaintiff would, in the absence of any other defence, be entitled to succeed.