numberissue was born to krishnavenamma who was only 14 years of age at the time of sitaramaiahs death.
pulla rao died in the year 1939 at the age of 11 years.
the suit properties were the joint family properties of sitaramaiah and the defendant that the will executed by sitaramaiah was inumbererative and number binding on the plaintiff and that the plaintiff is entitled to half share in the suit properties.
a.i.r.
appeal by special leave from the judgment and decree dated december 11 1958 of the andhra pradesh high companyrt in appeal suit number 1142/1953.
according to her sitaramaiah and his two brothers defendant and krishnamurti acquired large movable and immovable property at vijayawada described in the schedule to the plaint with the aid of their ancestral business.
she claimed half share in the entire property set out in the schedules by virtue of the provisions of the hindu womens rights to property act 1937.
venkatarama sastri and r. gopalakrishnan for the respondent.
the plaintiff continued to stay in the same house as the defendant till the beginning of july 1950.
1957 cutt.
she was number a companyarcener before her husbands death and she was number one afterwards.
my younger brother lakshmi perumallu shall keep the remaining entire property joint till my son pulla rao alias venkatasatyanarayana attains majority and manage the same shall bring up the boy properly celebrate the marriage and other auspicious functions and divide the half share of the property after he attains majority and deliver possession of the same to my son.
further according to him the will executed by sitaramaiah is valid and binding on the plaintiff and that the property allotted to the plaintiff under the will was being enjoyed by the plaintiff and further the properties allotted to pulla rao devolved upon him after pulla raos death.
civil appellate jurisdiction civil appeal number 519 of 1961.
krishnamurti died in the year 1930 i.e. before sitaramaiah without leaving any issue or a widow.
then she suddenly left the house and instituted the suit in question on the 6th of that month.
from the first wife he had a son named pulla rao.
i.l.r.
sitaramaiah was married twice.
after the death of the first wife he married krishnavenamma the plaintiff in the suit.
1955 orissa 135.
the judgment of the companyrt was delivered by mudholkar j. this is an appeal by special leave from the judgment of the high companyrt of andhra pradesh affirming the decrees for partition and separate possession of certain movable and immovable properties passed by the second additional subordinate judge vijayawada.
sitaramaiah died on august 10 1938.
s. t. desai who appears for the defendant appellant has number challenged the companycurrent findings of the companyrts below to the effect that the properties acquired by the family were joint family properties.
the genealogical table showing the relationship between the parties set out below will be of assistance in appreciating the facts of the case potti subba rao died in 1919 first wife sitaraimaiah second wife lakshmi krishnamruti died on plaintiff perumallu died in 1930 defendant 10.8.1938 krishnavena mma pulla pao died in 1939 potti subba rao who died in the year 1919 was survived by three sons sitaramaiah lakshmi perumallu and krishnamurti.
t. desai and t. v. r. tatachari for the appellant.
the trial companyrt gave direction to the effect that a commissioner be appointed for ascertaining the property liable to be partitioned and for dividing them into two equal shares by metes and bounds for the purpose of awarding to the plaintiff the separate possession of her half share in the properties.
