M RATNA Vs. KOTTIBOYINA NAVANEETAM

JUDGEMENT

(1.) This appeal is filed by the plaintiff in O.S.54 of 1980 in the Court of the District Judge, Krishna at Machilipatnam.

(2.) The plaintiff filed the suit for declaration of her title to the plaint schedule property which is a house situated at Machilipatnam and for possession thereof after ejecting the defendants therefrom and for past and future profits and also the cost of a radio. The plaintiff alleges that she is the second wife of late K. Hanumantha Rao who was the owner of the suit property and claims the suit property under a Will dated 15-12-76 said to have been executed by Hanumantha Rao who died on 3-2-77. The first defendant is the first wife of Hanumantha Rao and defendants 2 to 5 are the tenants of the said house.

(3.) The first defendant denied the Will said to have been executed by late Hanumantha Rao. She contended that the plaintiff is not the second wife of late Hanumantha Rao and so she will not get the property as persona designata even if the Will is proved. She denied the existance of that radio. Defendants 2 to 5 remained ex-parte.