JANAKISETTY SOORYUDU ALIAS SOORAYA Vs. MIRIYALA HANUMAYYA

JUDGEMENT

(1.) It was decided in the Court of first instance that Kotamma took a heritable estate and not one limited for her life under the grant from her brother-in-law; this question though raised in the memorandum of appeal was not argued before the District Judge. Argument was addressed to us on the question but we think the District Munsif's decision is right.

(2.) The remaining questions are : (1) whether Lingauma inherited the property as her stridhanam, so that it passes on her death to her heirs and (2) if she did not, whether the property became her stridhanam under the will of her mother Kotamma.

(3.) The second of these questions has not yet been decided by either of the Courts below. The District Judge having held that Lingauma inherited the property as stridhanam, if it came to her by inheritance did not find it necessary to consider the alleged will, and the District Munsif seems to have decided the suit solely on his finding as to the nature of Kotamma's estate.