VADREVU ANNAPURNAMMA Vs. VADREVU BHIMA SANKARARAO

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the Additional Subordinate Judge of Rajahrmundry dated 14-4-1953 in O. S. No. 3 of 1952 on the file of the said Court declaring the right of the plaintiff that she is entitled to a partition of the plaint A, B and C schedule properties into two equal shares and for recovery of possession of one such share.

(2.) The suit was brought by the widow of late Bangarraju and the mother of the 1st defendant claiming to be entitled to the entire A schedule properties with absolute rights and to a half share in the plaint Of schedule properties and for possession thereof. This relief was based on a will said to have been executed by late Bangarraju on 26-2-1950 under which the testator bequeathed the entire A schedule properties with absolute rights to the plaintiff and a half share in the plaint C schedule properties with absolute rights to the plaintiff. In addition, the will, it is claimed, bequeathed the entire B schedule properties in favour of the 1st defendant. As an alternative to this prayer, the plaintiff claimed that in the event of the will not having been found to have been proved, for a partition and separate possession of a half share in the plaint A, B and O schedule properties.

(3.) The 1st defendant disputed the will on the ground that it was not genuine and that the signatures found therein were not those of his father late Bangarraju. He also claimed to have alienated a portion of the plaint C schedule properties while admitting the plaintiffs claim to a share in the plaint! A, B and C schedule properties but with a limited testate.