CHOWTAPALLI PRATAP REDDY Vs. DASARI PULLAMMA

JUDGEMENT

(1.) One Sri S. Pulla Reddy was employed in M/s Ramakrishna Chemicals, in Kadapa District. Ankalamma was his wife. Pulla Reddy died on 02-11-2000. Since the couple had no children, the death/retirement benefits to the tune of about Rs.1.5 lakhs, have devolved upon his wife, Ankalamma. Shortly thereafter, Ankalamma died on 22-01-2001. The petitioner is the brother of Ankalamma. The respondent, the sister of Pulla Reddy, filed succession O.P.No.6 of 2002 in the Court of Senior Civil Judge, Kadapa, claiming the benefits, that have passed on from Pulla Reddy to Ankalamma, and were in the form of deposits in the Bank, etc. The petitioner alone was made as respondent in the O.P.

(2.) He contested the O.P. by raising several grounds. Through its order dated 24-01-2005, the trial Court allowed the O.P., and held that the respondent is entitled to receive the amounts, that were left by Ankalamma. The petitioner filed A.S.No.38 of 2005 in the Court of Principal District Judge, Kadapa. The appeal was dismissed on 30-09-2009. Hence, this revision, under Article 227 of the Constitution of India.

(3.) Sri P. Veera Reddy, learned counsel for the petitioner submits that, on the death of Pulla Reddy, Ankalamma became the sole successor for his properties, and she held the movable and immovable properties with absolute rights. He contends that, not only the petitioner is the proximate relation and successor of Ankalamma, but also a Will was executed by her in favour of the petitioner herein. He submits that the trial Court and lower Appellate Court have disbelieved the Will, though it was proved beyond any doubt.