( 1 ) THIS is a plaintiffs second appeal. One Chowdappa had a son, by name Chikka ramaiah. Chikka Ramaiah was married to the plaintiff Byyamma. Chowdappa's daughter by name Chickkavcnkatamma had a son Ramdev who is the 2nd defendant. the first defendant, smt. Akkayyamma is the widow of Chowdappa.

( 2 ) THE plaintiff claimed partition of hershare in the joint family properties described in the Schedule claiming that she had l/3rd share, being the widow of a prc-deccascd son. the defendants denied her claim and asserted that she had only a right to be maintained by 2nd defendant in view of the Will executed by latc chowdappa on 12-12-1949 bequeathing his interest in favour of 2nd defendant while casting an obligation upon him to maintain the plaintiff and the 1st defendant.

( 3 ) A few facts that arc not in dispute may be noticed. Chowdappa and Muniyappa were brothers and they constituted a Joint Hindu family. the husband of the plaintiff, Chickka ramaiah son of Chowdappa died in the year 1940. By two release deeds dated 6-8-1943 and 14-3-1946 there was a partition between chowdappa and his brother. It is not disputed before me that the partition was effected through these