VENKATADRI APPA RAO Vs. PARTHASARATHI APPA RAO

JUDGEMENT

(1.) These are consolidated appeals from three decrees, dated April 4, 1922, of the High Court at Madras, which had reversed three decrees, dated April 22,1921, of a Division Bench of that Court, by which three decrees, dated November 29, 1917, of the Subordinate Judge of Bezwada dismissing original suits numbered 30, 87 and 88 of 1916, had been affirmed. The suits had been instituted in the Court of the Subordinate Judge of Bezwada on the following dates : No. 30 of 1916 on April 26, 1916; No. 87 of 1916, on December 26,1916; and No. 88 of 1916 on December 9, 1916. It was agreed at the hearing of these appeals that in drawing up the decree of the High Court in original suit No. 30 of 1916, Letters Patent Appeal No. 20 of 1921, that the words " mesne profits " in paragraph 3 of the decree should have been "income" and their lordships amended that decree by substituting in it for the words "mesne profits" the word " income." There was no question of mesne profits in the case.

(2.) In Suit No. 30 of 1916 Sri Rajah Parthasarathi Appa Rao Bahadur was the plaintiff; and Sri Rajah Venkatadri Appa Rao Bahadur, Sri Rajah Venkataramayya Appa Rao Bahadur, and Sri Rajah Sobhanadri Appa Rao Bahadur, and the Court of Wards, were defendants. By an order of the Court of December 6, 1916, the Court of Wards was discharged from being a defendant, and the second defendant was appointed guardian of the third defendant, who was a minor. The suit was to recover a legacy of Rs. 80,000 bequeathed by Ven-kayyamma, a widow, by her will of January 30, 1899, to her sister-in-law Inuganti Kasturammah, a legacy of Rs. 40,000 bequeathed by the same will to another sister-in-law Inuganti Venkataramanayyamma, and shares of the residue of the testatrix's property which she had bequeathed to her brothers Chinna Rao and Buchi Thammayya. The plaintiff was the assignee of all the above-mentioned legacies, and he claimed them as such assignee, He also claimed interest on those legacies, and other relief.

(3.) In Suit No. 87 of 1916. Sri Damera Venkata Rajagopala Seet Rayyamma Rao was the plaintiff; and Sri Rajah Meka Venkataradri Appa Rao Bahadur Garu, Sri Rajah Meka Ven-katararaayya Appa Rao Garu, and Sri Rajah Sobhanadri Appa Rao Bahadur Garu, by his brother and guardian the second defendant, were the defendants. The plaintiff claimed to recover a legacy of Rs. 40,000 bequeathed to him by the same Venkayyamma by her will, with interest thereon, and other relief.