CHEMBROLU RAMAMURTHY Vs. CHEMBROLU BHIMASANKARARAO

JUDGEMENT

(1.) This appeal arises out of a suit filed in the Court of the Subordinate Judge of Rajahmundry by the appellant for the partition of the estate of his uncle Subbarayudu. He claimed that he and the first and second respondents (the first and second defendants) were entitled to the estate as reversioners. There were 65 defendants, the other defendants being sued as alienees.

(2.) Subbarayudu died about 60 years ago leaving a widow, Suramma, but no children. Suramma died on the 3 July, 1928. The judgment of the lower Court contains a geneological tree showing the relationship between the appellant, the first and second respondents and Subbarayudu, and it will be convenient to reproduce it here.

(3.) On the 6 April, 1904, Annappa Sastri and Sitaramayya entered into an arrangement with Suramma under which they were to divide between them the estate as it then existed, the widow taking one half and Annappa Sastri and Sitaramayya taking the other half absolutely. The arrangement was embodied in two deeds which were duly executed and registered. At the same time Annappa Sastri and Sitaramayya agreed to divide equally the properties which fell to their share under this arrangement. Before her death the widow disposed of the properties which she had obtained as the result of the settlement of the dispute and Annappa Sastri and Sitaramayya did the same. The appellant seeks to set aside all the alienations. The learned Subordinate Judge considered that the sons of Annappa Sastri and Sitaramayya were estopped from attacking the validity of the deeds under which their fathers had acquired property from which they had also benefited. He accordingly dismissed the suit without going into the merits.