PERURI MANIKYAMBA Vs. AGRAHARAPU VEERA VENKATA SATYANARAYANA MURTHY

JUDGEMENT

(1.) The 1st defendant in O.S. No. 56 of 2010 filed this appeal, aggrieved by the judgment and decree, dated 05.06.2012, passed by the Court of IV Additional District Judge, Kakinada. The 1st respondent (for short 'the respondent') filed the suit for the relief of perpetual injunction to restrain the appellant from executing any kind of document in favour of third parties, in any manner, effecting the limited rights of the respondent, being 16/70th undivided share in the plaint schedule property. It was pleaded that Agraharapu Meena Rao, the paternal grandfather of himself and the appellant, was given 16/70th share with limited rights in the suit schedule property, under a registered settlement deed, dated 14.12.1957, executed by the Proprietor and Manager of Sri Venkateswara Salt Kotars, a Firm. He further pleaded that Meena Rao executed a Will, dated 17.04.1990, under Ex. A. 2, bequeathing his undivided share in the suit schedule property to the appellant and that the same was deposited with the Sub-Registrar, Kakinada, the 2nd respondent herein, on 25.06.1993.

(2.) The cause of action for the respondent to file the suit was stated to be the steps taken by the appellant and her husband to sell part of the suit schedule property, claiming that it has accrued to her under a Will, dated 02.06.1992, said to have been executed by Meena Rao. The respondent pleaded that he alone is entitled to the undivided share of late Meena Rao and that there was no basis for the appellant to claim rights over the same.

(3.) The appellant filed written statement, opposing the suit. She refuted the claim of the respondent that Meena Rao executed a Will in the year 1990. Her further plea was that Meena Rao executed a Will on 09.05.1993 (Ex. B. 1), in her favour, and thereby, the Will relied upon by the respondent, even if proved, stood cancelled.