VANAMA AKKAYYA Vs. VANAMA LAKSHMAMMA

JUDGEMENT

(1.) This is an application under Section 302 of the Indian Succession Act praying for the issue of general or special instructions in regard to the administration of an estate and for an injunction restraining the respondent herein from executing the decree in O.S. No. 65 of 1925 on the file of the Sub-Court, Bezwada and such other order or orders as this Court may deem fit to pass.

(2.) One Subba Rao died on the 13 November, 1920. He executed a will on the 11th November, 1920 giving power to his wife to adopt a boy and directing the executor to pay a certain amount to her for maintenance and for the management of the estate. The executor who is the petitioner did not put the respondent in possession of a portion of a house mentioned in paragraph 3 of the will and did not give her maintenance for a considerable time, in consequence of which she was obliged to file O.S. No. 65 of 1925 for the recovery of the whole of the property as the widow of the deceased Subba Rao. The suit was resisted on various grounds and the Subordinate Judge passed a preliminary decree in favour of the respondent overruling the objections of the petitioner. An account was taken and a large amount was found due and both the petitioner and the respondent entered into a compromise under which it was arranged that Rs. 9,000 should be paid to the respondent as being the amount due to the estate hi: the possession of the executor. She has obtained possession of the portion of the house mentioned in the will.

(3.) The petitioner has deposited the amount of Rs. 9,000 into the District Court at Guntur and has come up here for the directions of this Court as regards the handing over of the amount to her and as regards the amount that should be allowed to remain in his hands for the performance of some charity.