MAKINENI VIRAYYA Vs. MADAMANCHI BAPAYYA

JUDGEMENT

(1.) The only question raised in this second appeal is whether the plaintiff-respondent is precluded by his individual conduct from claiming the properties in suit as the nearest reversionary heir of his maternal grandfather, one Makineni Buchayya, who was the last full owner. Both the Courts below have held that he is not and passed a decree for delivery of possession. The defendants 1 to 3, 5 and 6 have preferred this appeal challenging the correctness of that decision.

(2.) The following table will show the relationship of the parties one to another :

(3.) On the 4 January, 1904, Lakshmi Devi executed a dakhal deed (Ex. D-1) whereby she transferred the properties inherited by her from her husband Buchayya. The deed recites that her husband, while in a sound state, made arrangements to the effect that she should enjoy during her lifetime the entire moveable and immoveable property belonging to him, and that after her lifetime one half of the property should pass to his daughter Subbamma and the other half to his granddaughter Venkatasubbamma with right of absolute disposal, and proceeds as follows: According to the arrangement effected by him, the entire property is being enjoyed by me ever since. Hence as I have now become old and as I have no ability to get the lands cultivated, I have relinquished the right possessed by me during my lifetime in respect of the moveable and immoveable property worth Rs. 1,000 which has been in my possession and enjoyment and is described in the schedule hereunder, and I have on this date delivered possession of the same to you. . You shall both enjoy the said property in equal halves with rights of gift, exchange and sale from son to grandson and so on in succession . You shall maintain me during my lifetime and you shall cause the obsequies which have to be performed to me after my death to be performed by Krishnayya the husband of Makineni Venkatasubbamma of you.