KANAGALA DHARMA RAO Vs. KADIYALA VEERIAH

JUDGEMENT

(1.) The plaintiff claims a share in the suit property, because he and the first defendant were the reversioners of one Venkatasubbayya, whose property this was at the time when his widow Raghavamma surrendered the property to them. In appeal, this claim is resisted on the ground that the plaintiff and the first defendant, by reason of subsequent legislation, were not the reversioners because the widow was not in a position to surrender was not valid, estate, as a portion of it had been alienated. The lower appellate Court had against the appellants.

(2.) There is nothing in the first point. If the surrender was valid at the time when it was made, then it cannot become invalid because subsequent to the surrender, legislation made some other person the nearest reversioner

(3.) It would seems, although one cannot beuite sure what the real facts were, that the widow was that the widow was under the impression that the property said by the appellants to have been alienated did not belong to her, because of a will executed by her husband under which his mother became entitled to the property. She obtained a decree against her mother-in-law for some money due to her, and in execution proceeded against the property in question, believing it to belong to her mother-in-law, ine property was sold in execution of the decree and purchased by a third party. 3. The learned advocate for the appellant argues that a surrender cannot be made unless the person surrendering is in a position to surrender the whole of her husband's estate. He seeks authority for that contention in a short judgment in Vijayaraghava-chan V/s. Ramanujachari which followed Sakharam Bala V/s. Thama (1927) I.L.R. 51 Bom. 1019. The learned Judges quoted the following passage from a decision of the Privy Council in Rangaswami Goundanv. Nachiappa Goundan (1918) 36 M.LJ.493 : L.R. 46 I.A. 72 : I.L.R. 42 Mad. 523 (P.C.) : It is effacement of the widow, an effacement which in other circumstances is effected by actual death or by avil death, which opens the estate of the deceased husband to his next heirs at that date. Now there cannot be a widow who is partly effaced and partly not so.