CHITTAM SUBBA RAO Vs. VELA MANKANNI CHELAMAYYA

JUDGEMENT

(1.) This application for leave to appeal to the Supreme Court of India against the judgment and decree in Appeal No. 253 of 1947 on the file of this court originally came on before Subba Rao and Panchapakesu Aiyar JJ. who had disposed of the appeal. The learned Judges found there was a conflict of decisions of Division Benches and have referred the following question to a Full Bench:

(2.) To understand the scope of the question referred, it is necessary to mention the relevant facts. App. No. 253 of 1947 arose out of a suit O.S. No. 43 of 1946 instituted in the court of the Subordinate Judge of Ellore by the respondent to this application, Chalamayya against the applicant Subba Rao and five others for a declaration that a Will dated 23rd December 1944, Ex, D. 7, alleged to have been executed by Kalla Samoamurthi in favour of the first defendant, Subba Rao, was false and forged and that the first defendant, obtained no fights thereunder and for possession of the properties set out in Schedules B and C to the plaint, for recovery of mesne profits and for directing the first defend-ant to render an account of the monies of the deceased Sambamurthi in his hands. The respondent relied upon another Will, Ex, P. 1, alleged to have been executed by the said Sambamurthi in his favour on 23th November 1944. The learned Subordinate Judge decreed the suit holding that Ex. P. 7 was not a true Will and that Ex. P. 1 was the last Will and testament of the said Sambamurthi. That decree in so far as it is material runs as follows:

(3.) The first defendant do render an account of the monies of Sambamurthi in his hands.