M SUBBAIAH Vs. N LAKSHMAMMA

JUDGEMENT

(1.) In this second appeal filed by the second plaintiff 0 S No 186 of 1971 on the file of the Sub-Court. Ongole a question of general importance is raised by Sri N Rajeswara Rao, learned counsel appearing for the appellant.

(2.) The suit was laid for a declaration of the plaintiff's title to and recovery of possession of the suit properties originally owned by late Velugcndaiah. The deceased first plaintiff was his wife. On the death of Velugondaiah, it was pleaded by the deceased first plaintiff that all his properties devolved upon her, that she was enjoying the properties with absolute rights of alienation and that the suit properties, which were part of the properties of late Velugondsiah, were settled by her in favour of the second plaintiff. The suit was mainly contested by the first defendant who is no other than the last daughter of late Velugondaiah. She set up an unregistered will. Ex B-26 dated 2 7-1945 where in she claimed that the suit properties were bequeathed to her by late Velugondaiah.

(3.) Ex B-26 is in vernacular. It appears from the document that the testator affixed his thumb mark. It was signed by five attestors. Two of them affixed their signatures. The other three of them were described as narksmen. They did not however, affix their marks. Why their marks could not be obtained in the documents, there is no indication in the document.