PEDDI SIVAIAH Vs. TEKCHAND

JUDGEMENT

(1.) This second appeal is filed by the plaintiffs whose suit has been dismissed by the Second Additional Chief Judge, City Civil Court, Hyderabad through his judgment dated 30/11/1962.

(2.) The necessary facts in order to appreciate the contentions raised before me may be briefly stated.

(3.) Plaintiff No. 1 claimed himself to be the illatom-son-in-law of one Nagiah who died leaving the suit property. Plaintiff No. 2 is his daughter married to the 1st plaintiff; and plaintiff No. 3 is the son of the first two plaintiffs. It was alleged inter alia in the plaint that Nagiah was the owner of the property. He died on 5-11-1951 leaving the plaintiffs as his heirs. The deceased before he died made a will under which he gave his entire movable and immovable properties to the plaintiffs. It was denied in the plaint that Ethirajamma 1st defendant was the legally wedded wife of Nagiah. It was also alleged that she was a concubine kept by Nagiah but .she was leading an unchaste life. Under the will the plaintiffs claimed the property.