DWARAMPUDI TULSAMMA ALIAS KANAKAMMA Vs. NALLAMILLI ATCHIREDDY

JUDGEMENT

(1.) These two Second Appeals are interconnected. Hence, they disposed of through a common judgment. The parties herein are referred to as arrayed in S.A. No. 185 of 1999.

(2.) Smt. Thamanampudi Lakshmi Devi and Dhani Reddy had two daughters, by name Tulasamma, the Appellant (who is since dead and represented by her Legal Representatives), and Mangayamma, the 2nd Respondent. During his life time, Dhani Reddy is said to have executed a Will, dated 30.01.1997, in favour of the 2nd Respondent, in respect of a house, in an area of 280 square yards.

(3.) Stating that a deed of settlement, dated 28.02.1983, said to have been executed by her was brought into existence by the 2nd Respondent, Lakshmi Devi filed O.S. No. 227 of 1983 in the Court of Principal District Munsif, Tadepalligudem, against the 2nd Respondent, for the relief of cancellation of the document and to declare the same as invalid, illegal and void. She pleaded that the deceased-Appellant was taking care of her and at a time when she was on pilgrimage, the 2nd Respondent, in collusion with her husband, the 1st Respondent and son-the 3rd Respondent, brought into existence the documant Ex. A-2 2nd Respondent, who alone was the Defendant in that suit, filed written statement, denying the allegations. During the pendency of that suit, Lakshmi Devi died. Stating that Lakshmi Devi executed a Will in her favour, the Appellant i.e. Tulasamma, came on record and continued the proceedings.