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1996 Supreme(SC) 2031

G.T.NANAVATI, K.RAMASWAMY
Bhoomireddy Chenna Reddy – Appellant
Versus
Bhoospalli Pedda Verrappa – Respondent


ORDER

The appellants are sons of the brother of Bhoomireddy Pedda Chennaiah. The respondents are the sons of the sister of Laxmamma, widow of Pedda Chennaiah. Pedda Chennaiah during his life time had bequeathed all his properties to his wife Laxmamma by his registered Will dated May 12, 1947 with right to enjoy the property with vested reminder in the respondents with absolute right and he died on May 25, 1947. Laxmamma held the property during her life time and she died on October 21, 1965. When the appellants started interfering with the possession and enjoyment of the plaint schedule properties, the respondents filed O.S. No. 187/69 in the Court of District Munsif at Anantapur for a perpetual injunction. The trial Court decreed it. On appeal, the Additional District Judge confirmed the same. In the Second Appeal No. 437/77, by judgment and decree dated February 21, 1979 the learned single Judge of Andhra Pradesh dismissed the same. Thus, this appeal by special leave.

2. Mr. K. Madhava Reddy, learned senior counsel appearing for the appellants, is right in his contention that Laxmamma having for the properties under the Will executed by her husband Pedda Chennaiah, as a limited own





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