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2003 Supreme(AP) 1519

B.S.A.SWAMY
Prakash – Appellant
Versus
Pushpa Vani – Respondent


P. N. BHAGWATI, J.

( 1 ) THE first defendant in o. S. No. 25 of 1985 on the file of the Sub-Court, Nizamabad is the appellant before this Court. The Plaintiff- respondent herein filed the above suit against the first defendant, the adopted son of one Muthyala Veerappa. Second and third defendants, who are the wife and concubine of late Veerappa respectively seeking partition of the family properties by metes and bounds into three equal shares and to allot l/3rd share to her, she being the adoptive daughter of late Veerappa towards l/3rd share which she is entitled to. The second defendant filed a written statement stating that the respondent herein was never taken in adoption by late Veerappa and she is the daughter of younger sister of third defendant, the concubine of late Veerappa during his lifetime. He made a provision for the stay of the third defendant-concubine by giving a house bearing Door Nos. 4-5-412 and 4-5-413 and after her death the property shall revert back to the appellant herein. As such the plaintiff cannot claim a share in the property. Likewise she cannot claim any share in the property under the alleged will said to have been executed by third defendant since









































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