SUDHAKARA REDDY Vs. LAKSHMAMMA

JUDGEMENT

(1.) This Second Appeal is filed challenging the decree and judgment, dated 20.11.2004 in A.S.No.10 of 2002 on the file of the Senior Civil Judge, Hindupur reversing in appeal the decree and judgment dated 27.02.2002 in O.S.No.241 of 1992 on the file of the Junior Civil Judge, Hindupur. For the sake of convenience the parties will be hereinafter referred to as they are arrayed in the trial Court.

(2.) The case of the plaintiff is that late Chinna Gowramma, wife of Venkata Reddy, during her lifetime, has been in possession and enjoyment of the land admeasuring Ac.6.29 Pyki in survey No.346/1; Ac.3.43 Pyki in survey No.327/2; Acs.4.50 Pyki and 1.25 in survey No.343/1 and Ac.0.29 Pyki in survey No.384/7 situated in Kallurupalem village of Hindupur Mandal in Anantapur District (hereafter, suit schedule property). Gowramma by registered Will dated 13.02.1985 bequeathed the suit schedule property in favour of the plaintiff. Gowramma died on 18.12.1991; thereafter, the plaintiff has been in possession and enjoyment of the suit schedule property as absolute owner. The defendant, without any right whatsoever, is trying to interfere with the suit schedule property. Having no other alternative, the plaintiff filed the suit for perpetual injunction.

(3.) The defendant filed written statement inter alia contending that Gowramma has no right whatsoever to execute the Will dated 13.2.1985 in favour of the plaintiff. The defendant and mother of the plaintiff by name Narayanamma are sisters; both of them are daughters of Gowramma and Venkata Reddy. The suit schedule property belongs to Venkata Reddy, who died 20 or 25 years prior to filing of the suit. After the death of Venkata Reddy, his wife Gowramma, the defendant and Narayanamma succeeded the suit schedule property. At the time of marriage of Narayanamma with Adinarayanappa, at the advice of village elders, Gowramma executed two gift deeds on 13.03.1975; one in favour of the defendant and the other in favour of Narayanamma.