(PUPPALA) PICHAYYA Vs. MITTAPALLI SARVAYYA

JUDGEMENT

(1.) The only point for consideration in this second appeal is whether plaintiff 1, Sarvayya, is entitled to the estate of Subbayya by right of survivorship. There were three brothers, Mangayya, Subbayya and Seshayya. They divided their properties in 1894. Seshayya was then a minor. He attained majority in 1896 and died in 1897. His widow adopted plaintiff 1, the only son of Subbayya. Subbayya is now dead. Sarvayya, plaintiff 1, claims the estate of Subbayya by right of survivorship. He put forward three contentions in the District Munsif's Court.

(2.) 1. That he was a Dwamushyayana son of both Subbayya and Seshayya.

(3.) 2. That at the partition of 1894 Mangayya, separated from the family, and Subbayya and Seshayya, continued to be members of joint Hindu family and 3. That he and Subbayya entered into an agreement whereby they both became members of a joint Hindu family. All the three points were found against plaintiff 1 by the District Munsif. On appeal the Subordinate Judge agreed with the District Munsif in finding the points 1 and 2 against plaintiff 1, but he held that he had reunited with Subbayya and therefore he was entitled to succeed to Subbayya's estate. Defendant 3 has preferred this second appeal.