CH NIRMALA Vs. CH INDIRA DEVI

JUDGEMENT

(1.) Defendants l to 3 in O.S.No.116 of l987 on the file of the Subordinate Judge's Court, Nuzvid are the appellants. The suit was instituted by the respondent herein for a declaration that she is the absolute owner of the plaint A and B Schedule properties - immovable property comprising lands and a rice mill - and gold ernaments weighing 51 grams (C Schedule) pledged with the State Bank of India, Ibrahimpatnam Branch.

(2.) The suit was grounded on Ex.A-1, unregistered will, dated 14-8-1987 executed by late Chanumolu Bhaskar Rao, who died on 1-9-1987. It was alleged by the-plaintiff that she was married to Bhaskar Rao on 15th March, 1978 at Bhadrachalam. The first defendant (appellant No.1) is the first wife of Bhaskar Rao. Defendants 2 and 3 (appellants 2 and 3) are the son and daughter respectively of Bhaskar Rap by his first wife. For the sake of convenience, the parties are referred to in this appeal as they are arrayed in the suit.

(3.) The case of the plaintiff is that her husband - Chanumolu Bhaskar Rao - had landed property in Velagaluru and Kothuru villages and a rice mill in Velagaluru. The rice mill was constructed by obtaining loan from the Andhra Pradesh State Financial Corporation, the sixth defendant in the suit, and defendants 4 and 5 had taken the rice mill on hire. The gross income Bhaskar Rao was getting from the rice mill was between Rs.8,000/- and 9,000/-. On 5-6-1969, there was partition between Bhaskar Rao and the second defendant, Rajeev, who was a minor at that time, and in that partition, Ac.27-52 cents of land was given to the minor represented by the minor's maternal grand-father - Ramakrishnayya. Bhaskar Rao had gifted Ac.10-00 of land in favour of his daughter, the third defendant, under a registered gift deed, the certified copy of which is Ex.A-17, on 30th May, 1985 and on the same day he also gifted an - extent of Ac.5-00 of land in favour of the first defendant, his first wife, under Ex.A-71. Her husband, Bhaskar Rao, stayed with her in a house at Vijayawada and during that periodic was visiting defendants 1 to.3. Bhaskar Rao's life was made miserable by the harsh attitude adopted by defendants 1 and 2 and so, he executed the gift deeds in favour of defendants 1 and 3 in order to satisfy them and thereafter, he made it very clear to the three defendants that so far as the rest of his properties -plaint 'A' and 'B' Schedule properties - are concerned, he had decided to settle them upon the plaintiff, who alone was looking after his comforts, treating him affectionately and arranging for his medical treatment by doctors. Very harsh and bitter letters were written by defendants 1 and 2 to Bhaskar Rao for his association with the plaintiff. She also alleged that Rs.26,000/- of her money, she spent on Bhaskar Rao for his needs and this money, she borrowed by pledging her gold ornaments ('C Schedule) with the, State Bank of India, Ibrahimpatnam Branch. The will - Ex.A-1 - was executed by Bhaskar Rao on 14-8-1987 in a sound and disposing state of mind.