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1996 Supreme(AP) 841

P.RAMAKRISHNAM RAJU
Raj Kumar Deen – Appellant
Versus
A. S- Din – Respondent


P. RAMACHANDRA RAJU, J.

( 1 ) THE first appellant and the respondent are brothers and sons of late j. D. M. Din. Their father died on 25-10-1970 at Raichur, survived by his two sons, mentioned above, a foster daughter Premalatha leaving a house bearing no. 3-6-423 situated at Himayatnagar, Hyderabad together with furniture and other moveables in the said house. Although he was a permanent resident of hyderabad, he went to Raichur to stay with the first appellant one-and-half years prior to his death i. e. , on 25-3-1970. During his life-time he voluntarily executed a Will dated 15-2-1970 in a sound and disposing state of mind. As the parties are Christians, the first appellant filed O. S. No. 6 of 1981 renumbered as o. S. No. 147 of 1981 under Section 213 of the Indian Succession Act for the issue of a Probate or Succession Certificate on the basis of the said Will against the respondent. The first appellant examined three more witnesses besides examining himself as P. W. 1 and marked Exs. A-1 to A-44; while the respondent examined three witnesses besides examining himelf as D. W. 1 and marked exs. B-1 to B-52. The trial Court on a consideration of the entire evidence on record dism



























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