A VENKATA SESHAMMA Vs. AAPPA RAO

JUDGEMENT

(1.) In this case, the 1 defendant is the appellant before us. The suit was brought by the plaintiff for a declaration that the property which was the subject of the suit did not belong to the 1 defendant but belonged to the 2nd defendant and was therefore liable to be attached by the plaintiff in execution of a decree obtained by him against the 2nd defendant.

(2.) The first defendant is the wife of the Second defendant. She claims the property under a will of her mother-in-law to whom it was conveyed by a sale- deed, Ex. VII, dated 23 February 1914, by the 2nd defendant's father Venkataratnam. It is the case of all the parties that the property originally belonged to Venkataratnnm's maternal grandfather and devolved on him as daughter's son : vide Ex. XIX.

(3.) The first point argued by the appellant before us is that when the 2nd defendant was adopted by his father, there was an agreement according to which the adopted son should not share with the father in the properties the latter obtained from his maternal grandfather. This agreement was found against by the Court below. We agree with this finding.