AMARSINGH Vs. VIDYA SAGAR

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and decree Dt. 27.02.1990 in O.S. No. 176 of 1985 on the file of Additional Chief Judge, City Civil Court, Hyderabad, by and under which the suit for issue of probate in favour of the plaintiff -Vidya Sagar, declaring that he is entitled to the properties according to the Will Deed executed by his grandfather -Gajadhar, was decreed.

(2.) ON 07.12.1983 the plaintiff filed O.P. No. 26 of 1984 on the file of the Chief Judge, City Civil Court, Hyderabad for grant of probate. Subsequently, the said original petition was converted into Original Suit and was made over to the trial Court. The suit property comprises of a House bearing No. 14 -10 -595, situated at lower Dhoolpet, Hyderabad. The appellants 1 to 3 were Defendant No. 1, Defendant No. 2 and Defendant No. 4 in the suit. The 1st respondent herein filed the suit against three appellants and also Respondents 2 and 3 herein.

(3.) THE case of the plaintiff, in brief, is that he is the grandson of Gajadhar, whereas Defendant No. 1 to Defendant No. 3 are sons, and Defendant No. 4 and 5 are the daughters of Gajadhar. Out of love and affection Gajadhar executed a Will on 01.05.1967 bequeathing all his, movable and immovable properties, and that the said Will was attested and registered, and as such the plaintiff is entitled to the suit schedule property. It is further contended that at the time of execution of the Will, the plaintiff was a minor and as such his father Atmaram was the executor of the Will. Gajadhar died on 24.10.1968 and Atmaram died on 5.5.1971. It is also alleged that thereafter, Defendant Nos. 1 to 3, the other sons of Gajadhar, drove away the plaintiff, his mother, brothers and sisters from the suit house and they started living in a rented premises. After the plaintiff became major, he tried for settlement as per the Will, but his attempts proved futile, and hence prayed to issue a probate in favour of the plaintiff.