RANGANADHAM CHETTY, J.

( 1 ) THIS Civil Miscellaneous Second Appeal arises in execution proceedings relating to a decree passed on compromise in O. S. No. 300 of 1939 on the file of the District Munsif s Court at Guntur. We shall refer to the parties by the role which they had in the suit. Defendants are the appellants.

( 2 ) THE facts, which have given rise to the present appeal may be briefly stated. The immovable properties, which are the subject-matter of the present appeal, belonged to one Krishnayya. His wife, Bapamma, is the plaintiff. Krishnayya executed a Deed of Settlement on 12th April, 1939, authorising his wife to take, after his death, in adoption one of the sons of his brother Nagayya (1st defendant) and provided that his properties should be taken in equal shares by the widow and the adopted son, if they could not live together. Krishnayya died. Thereafter, disputes arose between his widow, the plaintiff, and Krishnayya s brother, the ist defendant. The latter alleged that the widow had, in fact, taken in adoption one of his sons Venkateswarlu (2nd defendant) and claimed for the adopted son a half of the properties. The widow Bapamma denied the adoption. A suit beca

Click Here to Read the rest of this document