B VENKATAMUNI Vs. C J AYODHYA RAM SINGH

JUDGEMENT

(1.) Leave granted.

(2.) One Smt. B. Akkayamma, although not a highly educated lady, was carrying on the profession of money lending. She acquired considerable property. The immovable properties held and possessed by her were situate in the District of Chittoor in the State of Andhra Pradesh and at Arkonam in the State of Tamil Nadu. She was unmarried. She had, however, been living with one Shri C.D. Jai Singh. Respondent Nos.1 to 3 are children of the said Jai Singh through his legally wedded wife Smt. Shyam Bai. She was original plaintiff No.4 in the suit. She, during the pendency of the suit, however, expired.

(3.) Jai Singh shifted to Arkonam from Tirupati. Akkayamma followed him. They started living together. She had, however, been visiting Chittoor and Tirupati occasionally. Plaintiffs-Respondents originally developed a disliking for Akkayamma. A suit was also filed against her, but it appears from the records that they had later reconciled and she was accepted as a member of the family. A purported Will was executed by Akkayamma on 23rd March, 1968 bequeathing her properties situate in the District of Chittoor in favour of respondent No.1 herein only. The said Will was an unregistered one. It may be, however, noticed that Jai Singh expired on 17th July, 1968. During his illness, although Akkayamma was possessed of sufficient properties both movable and immovable, but she did not spend any amount towards his treatment. Admittedly, she was of miserly nature. Surprisingly, however, she executed two deeds on 26. 9.1968 transferring her properties situate at Arkonam in favour of respondents. She expired on 29th September, 1968. Although in the Will Respondent No.1 alone was the beneficiary thereof, not only Respondent Nos. 2 and 3, but, as noticed herein before, their mother also filed an application for grant of probate in the Court of District Judge, Chittoor. Respondent No.4 herein, who is said to be the tenant in one of the premises in question, was impleaded as a party therein. Appellant herein was not initially impleaded as a party, although, he was the heir and legal representative of Akkayamma. He was impleaded at a later stage. The application for grant of probate was also amended by making an alternative prayer for grant of Letters of Administration. A caveat in the meantime had also been lodged by Appellant.