BRAHMANANDAM RAMAMMA ALIAS RAMALAKSHMAMMA Vs. RUPAKULA VENKATA LAKSHMINARASIMHAM
HIGH COURT OF MADRAS
BRAHMANANDAM RAMAMMA @ RAMALAKSHMAMMA
RUPAKULA VENKATA LAKSHMINARASIMHAM
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(1.) THIS is an appeal preferred against the decree and judgment of the learned Subordinate Judge of Tenali in Original Suit No. 4 of 1947.
(2.) THE facts are:-- In Valiveru village of Tenali Taluk there was a karnam by name R. Sitaramaiah. His family consisted of himself and his wife Mahalakshmamma and two daughters An-napurnamma and the present plaintiff Ramaamma. Both these daughters were married and the son of that Annapurnamma is Kavutha Sambayya who was the plaintiff in O. S. No. 16 of 1916 on the file of the Temporary Sub-Court, Guntur. The plaintiff's husband is Brahmandam Venkatappayya who as a matter of fact has been living with this Sitaramaiah for some years before his deatn and assisting him In his karnam's job. This Sitaramaiah had no male issue.
(3.) IN September 1907 this Sitaramaiah became seriously unwell and he executed on 12-9-1907 the following Will:
"will executed on 12-9-1907 in favour of Mahalakshmamma, wife of Rupakulu Sitaramaiah. Brahmin, Inamdar residing at Valiveru, Tenali, Sub-District, Guntur District by Rupakula Sita-ramaiah, one of Punnayya Garu, Brahmin, Inamdar and Kamam, residing in Valiveru village As you are my wife, as we have no male issues excepting female issue and as I who have been very ill for the last five days and afraid that I will not survive you should keep in possession after my death the entire movable and immovable properties specified in the schedule here-under. , In order to perpetuate our family you should bring and adopt a boy, where you will feel convenient, from among the persons of our gotra as would be accepted by gastras, transfer my Karnam's list in his name and have the work conducted through a gumastah until his minority ceased. You should safeguard all the movable and immovable properties owned by me till the minority of the adopted boy ceases, without alienating them in any manner and deliver the said entire property to him after his minority ceased. If you and the adopted boy should feel impossible to live together, you should enjoy till your death 3 acres of land out of P. No. 87c for your maintenance without powers to sell, gift mortgage, etc. You should discharge the debt due by me to others. This is the will executed with consent". This will has been signed by Sitaramaiah and attested by no less than 8 persons and written by G. Subramanya Sastri. ;
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