MALRAJU LAKSHMI VENKAYYAMMA; PARTHASARADHI APPA RAO Vs. VENKATA NARSINHA APPA RAO; MALRAJU LAKSHMI VENKAYYAMMA

JUDGEMENT

(1.) These are consolidated appeals against a judgment and decree, dated the 26th November, 1909, pronounced by the Chief Justice and two Judges of the High Court of Judicature at Madras in an appeal under Letters Patent against a decree of the High Court dated the 16th November, 1908. The two Judges constituting the High Court differed in opinion, with the result that a decree pronounced by the District Judge of Godaveri, dated the 3rd November, 1904, had been affirmed in the original appeal. The Letters Patent appeal was allowed and the suit was dismissed. The form which the dismissal took will be after wards referred to.

(2.) The suit was brought with the main object described in the first prayer of the plaint,-to the effect that it be declared that the plaintiff is entitled to the village of Repudi, and that defendants do put the plaintiff in possession of the same.

(3.) Rajah Narayya, who died in 1864, was the owner of an extensive zemindary of Nidadavole. He was survived by two widows, both of whom were childless. One of these widows died in 1881; the other, a lady named Papamma, became sole life owner and continued to enjoy the estate until December 1899, when she died.