KUTCHERLAKOTA VIJAYLAKSHMI Vs. RADIMETI RAJARATNAMBA

JUDGEMENT

(1.) 18-3-1975.2. Venkatanandam executed Ex. A-3 will deed dated 16-3-75 bequeathing the plaint A schedule property to his mother Lakshmikanthamma and the latter sold the plaint-A schedule property to her under Ex. A-1 registered sale deed dated 12-6-75, claims the plaintiff.

(2.) The defendant pleaded that Ex. A-3 will is not true and Venkalanandam executed Ex.B-2 will deed dated 1-12-74 bequeathing the plaint-A schedule property in his favour.

(3.) The trial court held that both Exs. A-3 and B-2 Wills are not true. The trial court dismissed the suit by holding that as Ex. A-3 will is not true, the vendor under Ex. A-1 had not got any title and thus the plaintiff also does not get any title. The first appellate court affirmed the finding of the trial court that Exs. A-3 and B-2 (Will Deeds) are not true. But it allowed the appeal of plaintiff by holding that as Venkatanandam died unmarried, his mother Lakshmikantham succeeded to plaint-A schedule property as his only heir and hence she got title and so plaintiff had title under Ex.A-1 sale deed executed by her mother Lakshmikanthamma.