ADDANKI RAMANNA PANTULU Vs. COLLECTOR OF GODAVERY

JUDGEMENT

(1.) THIS is an appeal from a decision of the High Court of Judicature at Madras, by which a decree of the District Court of Godavery in favour of the present Appellant, the Defendant in the suit, was reversed.

(2.) THE suit was commenced on the 24th of May, 1880. The Plaintiff, now Respondent, prayed that his right might be established to a fourth share in the mutta of Kesanakurru, in the district of Godavery, and that a fourth share might be divided and delivered over to him, with Rs. 3000 on account of past profits for three years, at Rs. 1000 a year for his one-fourth share.

(3.) THE following is a copy of the will: Will executed on the 29th March, 1853, by me Balusu Buchchi Krishnayya, proprietor of Kusba Kapileswarapuram, &c, in favour of my son Buchchi Sarvarayadu and the joint proprietors with me of Kapileswarapuram, i.e., my two undivided brothers, Pattabiramayyagaru and Adinarayanaryudugaru. The illness I have been suffering from for the last two months "having at present grown serious. I think that I cannot survive it any longer, and as, after my death, my son Buchchi Sarvarayadu and both of you are the joint proprietors of our joint proprietary estate of Kusba Kapileswarapuram possessing equal rights, you three should jointly enjoy the said estate, and you Pattabiramayya who are capable of managing business, should manage the whole business from this day, until my son, who is now a minor, should enter into a partition of the estate with you on attaining his proper age. Further, as all of us possess equal rights to Kesanakurru muttu estate which was purchased by means of our family funds and the funds of Kolupati Anandarayadu, the husband of our sister, and which now stands registered in my name alone, you four persons, i.e., my two undivided g. brothers, my son Buchchi Sarvarayadu, and Kolupati Anandarayadu, who is the husband of our sister, should jointly enjoy the produce of Kesankurru mutta.