EDDU BALAIAH Vs. EDDU MALLAIAH

JUDGEMENT

(1.) Suspicious circumstances vitiating a Will is the main bone of contention between the parties to the present appeal.

(2.) The original plaintiffs are respondents in this appeal and the original defendants are the appellants. The trial Court passed a preliminary decree for partition allotting 1/3 rd share in favour of the 1st plaintiff in the suit survey Nos.258, 266, 272 and 273 and a house situate at Chandanagar village, Hyderabad West Taluk and district, by the impugned judgment which is challenged in the present appeal.

(3.) Multifarious issues were raised by the trial Court in deciding the suit filed by the plaintiffs/respondents. One of the main issues was whether the suit schedule properties were joint properties of the 1st plaintiff and the 1st defendant. If not, what were the properties available for partition and secondly whether the Will executed by late Chittari, father of the 1st plaintiff and 1st defendant on 1-7-1969 was legal and valid. Additional issues were framed on 23-4-1983, one of which was to determine whether the 1st plaintiff was a person of unsound mind. If so, whether the plaintiffs Nos.2 to 4 had no locus standi to file the suit.