A LATCHAMMA Vs. SSUBHARAGUDHU

JUDGEMENT

(1.) This appeal is from the decree of the Court of the Subordinate Judge of Kistna at Bllore in Appeal Suit No. 210 of 1921, preferred against the decree of the Court of the Additional District Munsiff of Tanuku, in Original Suit No. 79 of 1919.

(2.) One Venkanna died leaving three daughters. They came to an oral agreement by which Latchamma and Atchamma each took three acres of his property and Chellamma 5 acres and odd. Chellamma has died and her share is in the possession of her step-son, first defendant. Latchamma, claiming a right as survivor of Chellamma, sues for Chellamma a share (she has sold 1-80 acres which are subject of a connected suit. Original Suit No. 78 of 1919). The Subordinate Judge had dismissed the suit and Latchamma appeals.

(3.) The question for determination is whether when the three sisters made their agreement they cut off the right of survivorship among themselves. The only evidence of the agreement is the statement of Latchamma as plaintiff's first witness: We effected a division arranging that this property should be enjoyed according to the desire of each. Since then each of us was enjoying our respective shares of property with full right, that is to say, with the right of alienation by sale, etc.