LAWS(APH)-2002-3-49

YERASI ANKAMMA Vs. K L SYAMA SUNDER REDDY

Decided On March 01, 2002
YERASI ANKAMMA Appellant
V/S
K.L.SYAMA SUNDER REDDY Respondents

JUDGEMENT

(1.) In this appeal, the judgment and decree of the Court of the Subordinate Judge, Nandyal, in O.S.No. 104 of 1989, is in challenge. The plaintiff is the appellant. The parties will be referred to as arrayed in the suit.

(2.) The plaintiff filed the suit claiming that she is the 2nd wife of late Bala Venkata Reddy (for short 'BV Reddy'), the 1st wife, late Eswaramma died some time during 1974 and BV Reddy died on 17-4-1988. It is her case that late B.V. Reddy was the absolute owner of the suit schedule properties, he died intestate and she succeeded to the suit schedule properties.

(3.) It is the case of the plaintiff that the 1st defendant had laid claim to the properties of her husband under a Will dated 19-11 -1978 said to have been executed by her husband. She stated that the alleged Will is not true and genuine and was brought into existence by the 1st respondent. She has also denied the claim of the 1st defendant to be foster son of her husband. She narrated the various acts resorted to by the defendants for dispossessing her from certain items of properties. Reference was also made to the efforts made by the elders of the village to impress upon the defendants not to interfere with the rights of the plaintiff. With these pleadings, she prayed for a decree declaring her title to the suit schedule properties, permanent injunction in respect of item No.1 and recovery of possession as regards items 2 to 7 of the schedule properties. She has also prayed for mesne profits.