MAHENDERKAR CHANDRASEKHAR Vs. MAHENDERKAR NAGAMANI BAI

JUDGEMENT

(1.) The plaintiffs in O.S.No.9 of 1991 on the file of the Senior Civil Judge, Suryapet are the appellants in this second appeal. They have filed this suit for declaration and permanent injunction in respect of the suit schedule property on the basis of a Will dated 06-09-1987 marked as Ex.A2, said to have been executed by one Amarnath. The suit was filed against the sole defendant, the first respondent herein, who is the mother of Amarnath and grand mother of the appellants.

(2.) The case of the appellants was that late Amarnath is one of their paternal uncles and the suit schedule property was gifted to him by his paternal grand father. It was pleaded that late Amarnath was suffering from ill-health and they looked after him. It was contended that out of love and affection towards the appellants, Amarnath executed the Will in question.

(3.) The first respondent resisted the claim of the plaintiffs-appellants. She pleaded that her son late Amarnath was suffering from mental disorder and taking advantage of the same, the appellants have fabricated the Will in question. In view of the rival contentions, the trial Court framed eight issues. On behalf of the appellants, P.Ws. 1 to 7 were examined and documents Exs.A1 to A36 were marked. On behalf of the first respondent, D.Ws.1 to 3 were examined and Ex.B1 and B2 were marked. In addition to that, documents Exs.X1 to X9 were marked in the trial Court.