RUDRARAJU DURGARAJU Vs. SAGIRAJU DADDA VENKATARAJU

JUDGEMENT

(1.) This revision by the plaintiffs under Sec.ll5 of the Code of Civil Procedure is directed against the order dated 25/01/1977 made in I. A. No. 599 of 1976 in A. S. No. 89 of 1970 on the file of the District Judges Court, West Godavari at Eluru.

(2.) Dismissal by the court below of a petition by the 1st petitioner under Order 6 Rule 17 C.P.C, seeking the amendment of the plaint is the occasion for the filing of the above revision petition.

(3.) The 1st petitioner filed suit O. S. No. 71/67 on the file of the Subordinate Judges Court, Eluru for a declaration of his title to the property in question and for injunction. He claimed the property under registered will dated 19/01/1981 (Ex. 1) executed by his maternal grandmother S. Bangarayya who died on 4/09/1961. Defendants 1 to 3 claimed reversionary rights in the property. 4th defendant is the mother at the 1st plaintiff. Defendants 1 to 3 contested the suit stating that Bangarayya has only a limited interest in the property in question and after her death they are entitled to the property and that Bangarayya has no right to bequeath the property by a will. It is also their further contention that the will dated 19/01/1967 was not true and it was not binding and as reversioners of Bangarayya, they are entitled to the property in question. The 4th defendant did not contest the suit. She supported the plaintiff.