DATLA PANDURANGA RAJU Vs. DATLA VENKATA KRISHNAM RAJU

JUDGEMENT

(1.) This Civil Revision Petition arises out of order dated 21-11-2000 in L.R.A.No.58/1995 on the file of Land Reforms Appellate Tribunal-cum-IV Additional District Judge, East Godavari District, whereby she has confirmed order of the Land Reforms Tribunal, in L.C.C.No.1086/APM/75, dated 5-6-1995.

(2.) The facts in brief, which are necessary for disposal of this Revision, are stated hereunder:

(3.) A perusal of the order of the Appellate Tribunal would show that it has made a perfunctory approach. It failed to consider the relevant aspects while considering the issue relating to the genuineness or otherwise of the Will. It is not in dispute that the declarant and the petitioners have initiated proceedings for issuance of succession certificate by filing O.P.No.13/1974 and the same was granted by order dated 17-7-1974 by the learned Subordinate Judge, Amalapuram, who is competent to entertain the said proceedings. The record of the Primary Tribunal would show that the said order is marked as Ex.C-2. The record also contains the petition filed by the applicants for issuance of the succession certificate wherein a clear reference to the Will in question has been made. These facts have remained uncontroverted. Both the Tribunals have proceeded on the premise that since the property was not mutated in the name of the declarant during her life time and that the Will has seen the light of the day only in 1995, the same cannot be held to be genuine.