AVUTAPALLI MANGAMMA Vs. ALLURU PANDURANGA RAO

JUDGEMENT

(1.) The parties in these appeals are none other than brother and sisters. One Alluri Punnamma was blessed with a son and three daughters viz., Panduranga Rao, Mangamma, Chittamma and Kanakamma . The dispute arose between the brother and sisters in respect of 57 cents of suit schedule property in R.S.No. 3/5. According to daughters, Punnamma executed a registered Will dated 26-3-1981 bequeathing the suit property in favour of Mangamma, Chittamma and one Mettapalli Sambaiah, son of Kanakamma (since died), but according to the son Panduranga Rao, while in death-bed Punnamma executed an unregistered Will dated 5-11-1983 bequeathing the suit property in his favour. The factual matrix leading to the filing of these appeals in brief is : Second Appeal No. 285 of 1991:

(2.) This appeal is directed against the judgment and decree in A.S.No. 150 of 1989 on the file of the II Additional Subordinate Judge, Vijayawada reversing the judgment in O.S.No. 1570 of 1985 on the file of the I Additional District Munsif, Vijayawada.

(3.) The plaintiffs filed the suit to declare that the 2nd defendant and themselves have the title over the suit schedule property of an extent of 57 cents situated in R.S.No. 3/5, more fully described in the schedule, and they are entitled for recovery of possession of the same in pursuance of a Will dated 26-3-1981 executed by Alluru Punnamma and to direct the 1st defendant to deliver vacant possession of the same with the value of the crop of Rs. 980.00 and to grant future mesne profits with costs.