KOVURI NARAMMA Vs. KOVURI KOTAMMA

JUDGEMENT

(1.) This appeal is preferred by the second defendant against the judgment and the decree passed by the learned Subordinates Judge, Narasaraopet on 29/07/1959 in O. S. No. 31 of 1958 making him liable along with the plaintiff to pay the costs of defendants 1 and 3.

(2.) The facts have been fully set out in the judgment in A. S. 156 of 1961 which I delivered yesterday. It is clear from the evidence that the second defendant is also one of the legatees under the will, Ex. A. 1 dated 9-6-1934 alleged to have been executed by Padam Rangaiah. In fact she gave evidence in support of the plaintiffs case to the effect that she brought the scribe and the attestors to the will and that she was present at that time. The will has been found to be a fabrication by the learned Subordinate Judge, which finding I have accepted. The entire conduct of the second defendant shows that she was very much interested in putting forward the will and establishing its genuineness to the detriment of the lawful rights of the first defendant. She was also impleaded as the second defendant though she remained ex parte.

(3.) The learned Subordinate Judge held that the second defendant was mainly responsible for the sail and conduct of it and in the circumstances be directed the plaintiff and the second defendant to pay the costs of the defendants 1 mid 3 in one set,