BOBBALA KONDAMMA Vs. SIDDIREDDY RAMI REDDY

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the judgment, dated 18.12.2001, rendered by a learned Single Judge of this Court in Appeal No.979 of 1990. The appeal, in turn, arose out of the judgment and decree, dated 06.11.1989, passed by the Court of the Subordinate Judge, Nandyal, in O.S.No.118 of 1987.

(2.) The defendants in the suit are the appellants and the sole plaintiff is the respondent. The respondent died during the pendency of the appeal and his legal representatives were brought on record.

(3.) The respondent filed the suit for declaration of his title in respect of the suit schedule properties and for recovery of possession thereof from the appellants. He stated that the original owner of the properties was one Mr. Siddireddy Vengalreddy, S/o Ramireddy. Vengalreddy married Ramakka, but they have no issues. Vengalreddy's father, Ramireddy, had a brother, by name, Sivanagi Reddy, who had a son, by name, Narayana Reddy, the father of the respondent. In other words, Narayana Reddy is the cousin brother of Vengalreddy. It was stated in the plaint that Vengalreddy executed a Will on 05.11.1918 (Ex.A.1) bequeathing all his properties in favour of his cousin brother Narayana Reddy i.e., father of the respondent, however, by creating life interest in favour of his wife Ramakka in respect of items 2, 6 and 7 of the plaint schedule and the vested remainder in respect of those items was created in favour of Narayana Reddy. A recital was made in Ex.A.1 to the effect that the gold and silver ornaments shall be divided between Ramakka and Vengamma, sister of Vengal Reddy, in equal shares.