K.VITTAL RAO Vs. S.K.LAXMI BAI

JUDGEMENT

(1.) The defendants 1 and 2 who are husband and wife are the appellants. The respondents 1 to 4/plaintiffs are legal heirs of late Jagannatham who is brother of the first defendant. Jagannatham, the first defendant and Padmarao were sons of late Venkat Swamy. Subject matter of the suit is house site at Malkajgiri of Ranga Reddy District. The plaintiffs filed the suit in the trial Court for partition of the said site between the plaintiffs and the 1st defendant and for allotment of one such share to the plaintiffs. Incidentally, the plaintiffs also sought for cancellation of Ex.A.3 Will dated 15.05.1971 said to have been executed by late Venkat Swamy and Ex.A.4 gift deed dated 27.11.1999 executed by the 1st defendant in favour of the 2nd defendant and Ex.A.5 sale agreement-cum-general power of attorney dated 20.05.2002 executed in favour of 3rd defendant. The defendants 1 and 2 opposed the suit mainly on the strength of Ex.B.13 Will said to have been executed by late Venkat Swamy in favour of the 1st defendant in respect of the plaint schedule property. Both the Courts below considered the material on record and came to the conclusion that Ex.B.13 Will is not true; and consequently granted preliminary decree for partition.

(2.) In this second appeal, the appellants' counsel contended that extraneous reasons were relied upon by the Courts below in rejecting truth of Ex.B.13 Will and proper grounds were not taken into consideration to uphold Ex.B.13 Will and that the said decision of the Courts below is contrary to law.

(3.) Entire decision in the present suit proceedings depend on truth of Ex.B.13 Will propounded by the defendants. Truth or otherwise of the Will is purely a question of fact based on assessment of evidence and circumstances together with probabilities of the case. It is purely a question of fact. Be that as it may, this Court is of the opinion that the Courts below considered the entire material on record in right direction and came to proper conclusion against Ex.B.13 Will.