- (1.) This appeal by certificate is preferred against the Judgment and Decree of the High Court of Andhra confirming those of the Subordinate Judge, Bapatla, dismissing the suit filed by the appellants for possession of the plaint schedule properties. The following genealogy will be useful in appreciating the facts and the contentions of the parties. It will be seen from genealogy that Veeranna had two wives and that Chimpirayya and Pitchayya were his sons by the first wife and Peda Punnayya and China Punnayyas were his sons by the second wife. Veeranna died in the year 1906 and his second son Pitchayya had predeceased him on 1-9-1905 leaving his widow Raghavamma. It is alleged that sometime before his death, Pitchayya took Venkayya, the son of his brother Chimprirayya in adoption; and it is also alleged that in or about the year 1895, there was a partition of the joint family properties between Veranna and his four sons, Chimpirayya, Pitchayya, Peda Punnayya and China Punnayya, Veeranna taking only 4 acres of land and the rest of the property being divided between the four sons by metes and bounds. Venkayya died on May 24, 1938, leaving behind a son Subbarao. Chimpirayya died on May 5, 1945 having executed a will dated January 14, 1945 whereunder he gave his properties in equal shares to Subbarao and Kamalamma, daughter of his predeceased daughter Saraswatamma; thereunder he also directed Raghavamma, the widow of his brother Pitchayya, to take possession of the entire property belonging to him, to manage the same, to spend the income therefrom at her discretion and to hand over the property to his two grandchildren after they attained majority and if either or both of them died before attaining majority, his or her share or the entire property, as the case may be would go to Raghavamma. The point to be noticed is that his daughter-in-law, Chenchamma was excluded from management as well as from inheritance after the death of Chimpirayya. But Raghavamma allowed Chenchamma to manage the entire property and she accordingly came into possession of the entire property after the death of Chimpirayya. Subbarao died of July 28, 1949. Raghavamma filed a suit on October 12, 1950 in the Court of the Subordinate Judge, Bapatla, for possession of the plaint scheduled properties; and to that suit, Chenchamma was made the first defendant; Kamalamma the second defendant; and China Punnayya, the second son of Veeramma by his second wife, the third defendant. The plaint consisted of A, B, C, D, D-1 and E Schedules which are alleged to be the properties of Chimpirayya. Raghavamma claimed possession of A B and C Scheduled properties from the 1st defendant, for partition and delivery of half share in the properties covered by plaintschedule D and D-I which are alleged to belong to her and the 3rd defendant in common and a fourth share in the property covered by plaint-schedule E which are alleged to belong to her and the 1st and 3rd defendants in common. As Kamalamma was a minor on the date of the suit, Raghavamma claimed possession of the said properties under the will half in her own right in respect of Subbarao's share, as he died before attaining majority and the other half in the right of Kamalamma, as by then she had not attained majority, she was entitled to manage her share till she attained majority.
(2.) The first defendant denied that Venkayya was given in adoption to Pitchayya or that there was a partition in the family of Veeranna in the manner claimed by the plaintiff. She averred that Chimpirayya died undivided from his grandson Subbarao and, therefore, Subbarao became entitled to all the properties of the joint family by right of survivorship. She did not admit that Chimpirayya executed the Will in a sound and disposing frame of mind. She also did not admit the correctness of the schedules attached to the plaint. The second defendant filed a statement supporting the plaintiff. The third defendant filed a statement denying the allegations in the plaint and disputing the correctness of the extent of some of the items in the plaint schedules. He also averred that some of the items belonged to him exclusively and that Chimpirayya had no right to the same.
(3.) On the pleadings various issues were raised and the main issues, with which we are now concerned, are issues 1 and 2, and they are : (1) whether the adoption of Venkayya was true and valid; and (2) whether Pitchayya and Chimpirayya were divided as alleged by the plaintiff. The learned Subordinate Judge, after considering the entire oral and documentary evidence in the case, came to the conclusion that the plaintiff had not established the factum of adoption of Venkayya by her husband Pitchayya and that she also failed to prove that Chimpirayya and Pitchayya were divided from each other ; and in the result he dismissed the suit with costs.;