B ANNA NAIDU Vs. VJAGGU NAIDU

JUDGEMENT

(1.) This was a suit brought by one Varada Jaggu Naidu, son of Naranna Naidu, for recovery of a one-third share in the plaint property which had been alienated by the widow Gaviramina in favour of one Sanyasi the father of the first defendant. He based his claim on the ground that he was one of the three reversioners entitled to the estate of one, Venkata Appala Naidu whose widow Gaviramma was. The other two reversioners are the third defendant, son of Musali Naidu, and the second defendant, the plaintiff's brother, also a son of Naranna Naidu.

(2.) The relationship of the parties is shown in the pedigree given by the Appellate Judge in his judgment. Venkata Appala Naidu died, leaving two widows Gaviramma and Achamma and they were in enjoyment of the properties of the deceased as his brothers were divided from him. Gaviramma seems to have alienated the property in question in this suit to one Sanyasi whose son the first defendant is. The plaintiff claims that this alienation is invalid and that it did not pass any property beyond the lifetime of Gaviramma and that he is, therefore, entitled to recover his share of the property from the alienee.

(3.) The pleas raised by the first defendant, who was the only contesting defendant, were one of limitation based upon the ground that Gaviramma died more than 12 years before the date of the suit and the other of estoppel based on a compromise decree passed in O.S. No. 500 of 1881 in a suit brought by Musali Naidu the father of the third defendant.