Andhra Pradesh High Court - Amravati
Bussarapu Koteswaramma vs Chennuipalli Sambaiah on 24 June, 2022
Bench: K Suresh Reddy
HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: S.A.NO.257 OF 2022
PROCEEDINGS SHEET
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1.
24.06.2022 KSR,J
I.A.NO.1 OF 2022
Dispensed with for the present.
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K.SURESH REDDY,J
S.A.NO.257 OF 2022
The plaintiff in O.S.No.145 of 2012 on the file of the court of
Principal Junior Civil Judge, Sattenapalli is the appellant herein. The
claim of the plaintiff was that defendant Nos.1 and 2 are own
brothers and one Chennupalli Venkamma @ Venkayamma is their
mother. Originally Chennupalli Venkamma @ Venkayamma is the
absolute owner of the plaint schedule property. The revenue
authorities also issued pattadar pass books and title deeds in her
favour. The said Venkayamma lived with the plaintiff till her death
i.e., 03-10-2010. Out of love and affection, the said Venkayamma
executed Ex.A-4 unregistered Will, dated 15-10-2010 bequeathing
the suit schedule property in favour of the plaintiff. During the
lifetime of Venkayamma, the plaint schedule property was leased out
to 1st defendant who used to pay Makta irregularly. After the death
of Venkayamma, the plaintiff became absolute owner of the suit
schedule property. The defendants, who are none other than the
brothers of the plaintiff, in order to knock away the said property,
created a forged Will, dated 01-10-2010, which is marked as Ex.B-1.
As such, the plaintiff filed the above suit seeking declaration of title
and for recovery of possession.
On the other hand, the 1st defendant filed his written statement
contending inter alia that their mother Venkayamma is owner of the
land to an extent of Ac.0.49 ½ cents only by virtue of registered sale
deed, dated 05-02-1987 and she has no right over the remaining
Ac.0.22 ½ cents. Their mother executed an unregistered Will, dated
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03-11-2010 infavour of the 1st defendant for an extent of Ac.0.49 ½
cents. His mother Venkayamma lived with him till her demise and
plaintiff never looked after her. It is further pleaded by the
1st defendant that the plaintiff created an unregistered Will, dated
15-10-2010 for the purpose of foisting the present suit. It is further
pleaded by 1st defendant that his father Ch.Gopaiah is the absolute
owner of Ac.0/22 ½ cents and after the death of their father, both
defendant Nos.1 and 2 partitioned the properties under a registered
partition deed, dated 03-12-2010. They also obtained pattadar pass
books and title deeds in respect of their shares i.e., Ac.0.36 cents
each. In support of their claim, the plaintiff as well as the defendants
adduced the evidence.
After an elaborate discussion, the trial court decreed the suit. On
an appeal, the first appellate court reversed the judgment and
dismissed the suit.
In view of the above facts and circumstances of the case and in
view of the following substantial question of law,
"Whether the findings of the lower appellate court in
respect of disbelieving Ex.A-4 Will on the ground that
the appellant herein failed to comply with Section 69 of
the Evidence Act is correct or not?"
ADMIT the Second Appeal
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K.SURESH REDDY,J
TSNR
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