LAWS(APH)-2005-8-40

SUNKANA SIVARAM Vs. THOTA VENKATA SESHUBAI

Decided On August 09, 2005
SUNKANA SIVARAM Appellant
V/S
THOTA VENKATA SESHUBAI Respondents

JUDGEMENT

(1.) This Appeal is preferred as against the Judgment and decree in O.S.No.42/82 on the file of Additional Subordinate Judge, Rajahmundry by defendants 1 and 13. Though the factual matrix appears to be a bit voluminous, the short but the crucial question which falls for consideration in the present Appeal is the interpretation of the Clauses in Ex.B-1 said to nave been executed by Sri Gadireddy Rama Rao and the validity thereof in the light of the provisions of the Indian Succession Act, 1925, hereinafter in short referred to as "Act" for the purpose of convenience.

(2.) Originally, the plaintiff Thota Venkata Seshu Bai, represented by her Power of Attorney holderThota Ramchandra Rao, filed the suit praying for the following reliefs:

(3.) One Thota Laxmi Devi w/o. Thota Ramachander Rao, filed A.S.MP.No.15290/ 2004 under Order 1 Rule 10 of the Code of Civil Procedure to implead her as a party as respondent No. 19 being the necessary party on the ground that she is the daughter-in-law of the original plaintiff and her mother-in-law executed a Will dated 16-12-1976 bequeathing certain rights in her favour and hence she may have to be impleaded as a party. Counter affidavit is filed by certain of the respondents opposing the said application.