T VENKATA NARAYANA Vs. VENKATA SUBBAMMA DEAD

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides.

(3.) Admittedly, T. Ramesh Chandra Chowdhry and his mother Smt. T. Venkata Subbamma had a compromise in a suit for partition between them. Compromise decree came to be passed on August 28, 1996 by the District Court, Khammam. It would appear that thereafter when Smt. Venakata Subbamma was attempting to alienate the properties given to her under the compromise decree, the appellants filed O.S. No. 313/89 in the Court of the District Musif at Khammam for a perpetual injuction restraining her from alienating the property. The contest in the suit centers round the question whether Venkata Subbamma got an absolute estate under the compromise decree so as to enable her to alienate the properties to third parties or she had a limited estate thereunder covered under Section 14 (2) of Hindu Succession Act, 1956. Pending suit, she died. Respondents have come on record under Order 22 Rule 4 CPC claiming that Venkata Subbamma had executed a Will in her favour. It was also further contend that she had lost the original will as sought to adduce secondary evidence under Section 65 of the Evidence Act. The District Munsif had refused to permit her to adduce secondary evidence. Thereon the matter was carried in revision. The High Court of A.P. in the impugned order made in C.R.P. No. 1935/92, dated November 5, 1993 directed adduction of secondary evidence. Thus, this appeal by special leave.