PEDDAVANDLA NARAYANAMMA Vs. PEDDASANI VENKATA REDDY

JUDGEMENT

(1.) The appellant filed O.S.No.27 of 1986, in the Court of Principal District Munsif, Madanapalle, against the respondents, for the relief of declaration of title to the suit property, a house constructed over an area of 125 sq.yards, at Madanapalle, Chittoor District, for recovery of possession thereof, and for mesne profits. She pleaded that her paternal aunt, by name Akkayamma, purchased a plot of 2 cents and constructed a house thereon, with the assistance of her (appellant) father. It was alleged that the 1st respondent is also related to Akkayamma from her husband side, and since he was employed as teacher in a village, nearby Madanapalle, she permitted her to stay in a part of the said house. A portion of the house is said to have been rented to the 2nd respondent.

(2.) According to the appellant, Akkayamma executed a Will, dated 11.9.1981, bequeathing the suit house to her, and the landed and other property in the village, to the 1st respondent and his brother. She also pleaded that after the death of Akkayamma, few months after the execution of the Will, the property was mutated in the Municipal records, in her name, and when she demanded the respondents to vacate the premises, they refused, disputing her entitlement for the property.

(3.) The suit was contested by the 1st respondent alone. It is endorsed in the Memorandum of Appeal that respondents 2 and 3 are not necessary. Hence, the 1st respondent would be referred to as "the respondent",