KAUTARAPU GANAPATHI RAO Vs. VANGARA KAMESWARAMMA

JUDGEMENT

(1.) THE defendants 3 and 5 on the file of the court of Principal Senior Civil Judge, Tenali are the appellants herein.

(2.) THE suit was filed for partition. THE plaintiffs are the daughters and defendants 2 and 3 are the sons of late K.Srirama Murthy and 4th defendant is the wife of late K.Srirama Murthy, who died on 25-08-1982, possessed of the plaint schedule self-acquired properties, intestate. THE plaintiffs and defendant Nos.1 to 4 are having 1/6th share and there are no encumbrances. THE defendant Nos.1 to 3 have denied the rights of the plaintiffs for partition and they are claiming fabricated documents with a view to cause loss to the plaintiffs. THE undivided son of the 2nd defendant by name Sai Sankar filed O.P.No.55 of 1982 for partition and the said O.P was dismissed as there was no cause of action. During the course of those proceedings, defendant Nos.1 to 4 have fabricated a false document said to be unregistered will said to have been executed by late K.Srirama Murthy in the year 1968 which is a forged one. THE will did not see the light of the day till 16 years. THE defendants have not cooperated for partition of the property and no share was given and hence the suit.

(3.) ON the basis of the above pleadings, necessary issues have been framed. ON behalf of the plaintiffs PWs.1 to 3 were examined and no documents got marked. ON behalf of the defendants, Dws.1 to 7 were examined and marked Exs.B-1 to B-21, Exs.X-1 to X-3 were marked.