B. SANJEEVAREDDY Vs. B. HANUMANTHAREDDY

JUDGEMENT

(1.) This regular second appeal is filed by the defendant in the suit challenging the judgment and decree passed by the Lower Appellate Court in R.A.No.44/2010 dated 13.02.2012.

(2.) The facts which are evident from O.S.No.108/2009 are that at a partition between the plaintiff, the defendant and their parents dated 16.06.1979, the suit schedule properties were allotted to the share of the parents of the plaintiff and the defendant for their maintenance. It is stated that father of the plaintiff and the defendant died 21 years prior to the filing of the suit and consequently, the revenue documents of the suit schedule properties were transferred in the name of the plaintiff, the defendant and their mother Smt.Nagamma. It is stated that after the death of Smt.Nagamma intestate, the plaintiff and the defendant are entitled to 1/2 share in the suit schedule properties.

(3.) Per contra, the defendant admitted that the suit schedule properties were the subject matter of the partition and that the suit properties were allotted to the share of the parents. The defendant contended that his mother Smt.Nagamma executed a Will dated 27.10.2003 in favour of his son Naveen which was duly registered. He contended that the suit properties were allotted to the share of the parents and hence, Smt.Nagamma became the absolute owner by virtue of provision of Section 14(1) of the Hindu Succession Act and thus, contended that she was entitled to bequeath the suit schedule properties to the defendant's son.