AKKARAYOYINA APPARAO Vs. KORAD AMMORU

JUDGEMENT

(1.) The judgment and decree of Additional District Judge, Visakhapatnam in A.S.No. 20 of 1990 dated 14-7-1995 confirming the judgment and decree passed on 25- 7-1989 by the Principal Subordinate Judge, Visakhapatnam in O.S.No. 35 of 1982 are in challenge in this second appeal.

(2.) The appellant claims to be the plaintiff in the suit having been brought on record on Appamma whereas the respondents are the defendants in the suit. The suit was filed for partition and separate possession of the alleged one-half or 1/12th share of the plaintiff in plaint 'A' and 'B' schedule properties. The suit for partition was resisted by the defendants. The following issues were tried by the trial Court.

(3.) After the trial, the learned Principal Subordinate Judge held that the plaintiff's husband died in the year 1957, that the schedule 'A' and 'B' properties were correctly stated, that the debts contracted by the first defendant after the death of her husband does not bind the plaintiff, the valuation of the suit property was correct, the first plaintiff did not execute the Will Ex. Al willingly and voluntarily and in sound disposing state of mind, that the Will dated 13-6-1984 is not true and valid and not binding on the defendants and consequently dismissed the suit.