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1990 Supreme(AP) 103

V.NEELADRI RAO
Kutcherlakota Vijaylakshmi – Appellant
Versus
Radimeti Rajaratnamba – Respondent


V. NEELADRI RAO, J.

( 1 ) 18-3-1975. 2. Venkatanandam executed Ex. A-3 will deed dated 16-3-75 bequeathing the plaint A schedule property to his mother Lakshmikanthamma and the latter sold the plaint-A schedule property to her under Ex. A-1 registered sale deed dated 12-6-75, claims the plaintiff.

( 2 ) THE defendant pleaded that Ex. A-3 will is not true and Venkalanandam executed Ex. B-2 will deed dated 1-12-74 bequeathing the plaint-A schedule property in his favour.

( 3 ) THE trial court held that both Exs. A-3 and B-2 Wills are not true. The trial court dismissed the suit by holding that as Ex. A-3 will is not true, the vendor under Ex. A-1 had not got any title and thus the plaintiff also does not get any title. The first appellate court affirmed the finding of the trial court that Exs. A-3 and B-2 (Will Deeds) are not true. But it allowed the appeal of plaintiff by holding that as Venkatanandam died unmarried, his mother Lakshmikantham succeeded to plaint-A schedule property as his only heir and hence she got title and so plaintiff had title under Ex. A-1 sale deed executed by her mother Lakshmikanthamma.

( 4 ) THE findings in regard to Exs. A-3 and B-2 Wills are on appreciati







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