NUTHAKI VENKATASWAMI Vs. KATTA NAGI REDDY

JUDGEMENT

(1.) THESE appeals arise out of a judgment, anti decree of the Court of the Subordinate Judge, Nellore in O. S. No. 239 of 1953.

(2.) FOR a better appreciation of the contentions raised in these appeals, it will be convenient to give a brief sketch of the antecedent events which have culminated in the present litigation. One Polur Veerabrahmayya, a resident of Nellore, died on December 18, 1942. His wife predeceased him. At the date of his death, Veerabrahmayya was possessed of a terraced house, a vacant site and wet land of the extent of Ac. 5 -78 cents, situated in the villages of Yellayapalem and Chintareddipalem. The 1st defendant, who is the wife's brother of Veerabrahmayya, claimed his properties under a will dated December 17, 1942, alleged to have been executed by Veerabrahmayya. Shortly after the testator's death the 1st defendant filed O. S. No. 149 of 1943 on the file of the District Munsif's Court, Nellore to establish his title under the will and to recover possession of the properties mentioned in the -plaint schedule. The trial Court dismissed the suit on March 16, 1946.

(3.) DEFENDANTS 2 to 17, who are lessees of the 1st defendant, remained ex parte.