Venkatarama Ayyar, J.-

This revision has been referred by Basheer Ahmed Sayeed, J., for the decision of a Bench as it raises a question of considerable importance under the Hindu Women’s Rights to Property Act (XVIII of 1937). The facts are simple. One Nagiah and his three sons Subba Rao, Sitaramayya and Sri Krishnaiah were members of a joint undivided Hindu family. On 22nd May, 1945, Sri Krishnaiah died leaving behind a widow Ramabanamma and a daughter Krishna Prasadam posthumously born. On 17th November, 1950, Ramabanamma instituted a suit under the provisions of the Hindu Women’s Rights to Property Act, hereinafter referred to as the Act, for partition of her husband’s one-fourth share in the joint family properties which were set out in Schedules B and C of the plaint and also for maintenance past and future at Rs.250 per annum. That was O.S.No.274 of 1950 on the file of the Court of the District Munsif, Tenali. Defendants 1 and 2 in the suit are the surviving brothers of the deceased Sri Krishnaiah and the third defendant Sitamma is the widow of Nagiah who had died before the suit. While the action was pending the plaintiff died and thereupon I.A.No.141 of 1951 was filed under

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