K. SARSWATHAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) The allegations made in the affidavit in brief are that, the first petitioner's husband late K. Krishnaiah succeeded land admeasuring an extent of 445-170 sq.mts in Sy.No.702/1, 526.110 mts in Sy.No.703/1, 364.230 sq.mts in Sy.No.204/1, 1011.750 sq.mts in Sy.No.704/2A, 809 sq.mts in Sy.No.705, 607.050 sq.mts in Sy.No.706, 364.230 sq.mts in Sy.No.707/2, 80.940 sq.mts in Sy.No.708/2, 566.580 sq.mts in Sy.No.709/2, 971.280 sq.mts in Sy.No.709/3, 323.760 sq.mts in Sy.No.709/4B, 1861.620 sq.mts in Sy.No.714/2, 1011.750 sq.mts in Sy.No.711/4, hereafter referred as 'the subject land' by way of inherence and through self acquisition, executed an unregistered 'Will' dtd. 6/12/1992 in favour of the first petitioner. Thus, the first petitioner succeeded the property either under 'Will' or under general rules of succession and she was in possession and enjoyment of the same. Having recognizing the first petitioner's possession and enjoyment of the subject property based on the 'Will' executed in her favour, mutated her name in revenue records, pattadar pass books, title deeds, Form 1-B Adangals were issued in her favour.

(3.) While so, the daughters of the first petitioner who were married much prior to execution of the 'Will' filed O.S.No.56 of 2008 on the file of Additional Senior Civil Judge, Chittoor against the petitioners for partition of the suit schedule property and prayed for preliminary decree claiming 1/6th share each in the subject land, obtained exparte decree initially and later, it was set- aside and the same is pending for adjudication.