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1998 Supreme(SC) 477

G.N.RAY, M.SRINIVASAN
Nagulapati Lakshmamma – Appellant
Versus
Mupparaju Subbaiah – Respondent


Judgment

Srinivasan, J.-The appellant herein is one of the four daughters of Madamanchi Velugondaiah who had no son. He died in 1946 lea­ving his widow Punnamma and three daughters as his eldest daugh­ter had predeceased him leaving one daughter. Velugondaiah had left several properties some of which were dealt with by Punnamma by execution of settlement deeds. Disputes arose between the parties resulting in three suits O.S. Nos. 186/71, 187/71 and 52/75 on the file of the subordinate Judge, Ongole. The appellant was the first defendant in O.S. 186 and 187/71 and plaintiff in O.S. No. 52/75. The respondent who was the son of the second daughter of Velugondaiah was the second plaintiff in the two suits of 1971 and the only defendant in the suit of 1975. Punnam­ma who was the first plaintiff in the two suits of 1971 died during the pendency thereof and the respondent was recorded as her legal representative.

2. Though several issues were raised in the suits, we are con­cerned only with one of them which was the pivotal issue. Accord­ing to the appellant Velugondaiah executed a will on 2.7.45 bequeathing his properties in a particular manner. The genuine­ness of the will was challenged




































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