Judgement

Law. Rep. 69 Ind. App. 110 ( 1941- 1942) Mathukumalli Ramayya V. Uppalapati Lakshmayya 29

Consolidated Appeal (No. 5 of 1940) from a decree of the High Court (October 1, 1937) which varied a decree of the Subordinate Judge of Guntur (September 21, 1931).

The following facts are taken from the judgment of the Judicial Committee This appeal arose out of a suit instituted by the plaintiff (respondent) for recovery of possession of immovable properties, as the nearest reversioner to the estate of one Ramachandrudu, on the death of his widow, Achamma, in 1926, on the ground that the properties appertaining to the estate had been wrongfully alienated partly by his mother and partly by his widow. The defendants (appellants) were the alienees or their successors in title. Generally stated, they might be roughly grouped as those claiming under alienations made by the mother, and those claiming under alienations made by the widow. The suit related to sixteen items of properties, of which items 11 to 14 and 16 were claimed on the footing that they had been acquired with the income of the estate subsequent to Ramachandrudus death and must be treated as accretions to that estate. The