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1996 Supreme(SC) 735

G.B.PATTANAIK, K.RAMASWAMY
Namburi Basavasubrahmanyam – Appellant
Versus
Alapati Hymavathi – Respondent


ORDER

Leave granted.

2. We have heard the counsel on both sides. This appeal by special leave arises from the judgment and order dated July 11, 1995 of the Division Bench of the Andhra Pradesh High Court made in L.P.A. No. 124/89. The undisputed facts are that Ch. Seshmma had two daughters, namely, Hymavathy and Vimalavathy. She had bequeathed her properties to her daughters by two settlement deeds executed and registered on 1.12.1958. The appellant is the husband of Vimalavathy, who died on May 4, 1970. On August 21, 1970, Seshamma had revoked the settlement deed Ex.B-1 and executed will Ex.A-1 giving the properties gifted in favour of Vimalavathy to her daughter Hymavathy. Seshamma died on January 26, 1976. Smt. Hymavathy filed O.S. No. 35/78 in the Court of Subordinate Judge, Tenali. The trial Judge relying on the evidence of DW 1-3, has held that Ex.B-1 is a settlement deed and that, therefore, the will Ex.A-1 is not valid in law. Accordingly, he dismissed the suit. The learned single Judge by judgment and decree dated December 13, 1988 confirmed the decree of the trial Court. The Division Bench, as stated earlier, in the impugned judgment decreed the suit as claimed by Hymavat











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