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1989 Supreme(AP) 492

G.RADHA KRISHNA RAO
Peuumetcha Peddiraju alias Venkata Subba Raju – Appellant
Versus
Penumetcha Viswanadha Raja – Respondent


G. RADHAKRISHNA RAO, J.

( 1 ) THE plaintiff who is the brother of late Subba Raju filed a suit for partition of the plaint schedule properties and for allotment of l/5th share to him and for delivery of possession after ejecting the defendants and for mesne profits. Excepting the defendants 6 and 7 no other defendant contested the suit and on the other hand they supported the version of the plaintiff. D-7 is the natural son of D-6 and adopted son of late Subba raju. The plaintiff relied upon Ex. A-1, a will said to be executed by late subba Raju and D-6 and D-7 relied upon Ex. B-1, a unregistered will and also ex, B-6i, another will said to have been executed by Venkayamma, wife of late Subba Raju. The trial Court as well as the appellate Court found that late Subba Raju was fond of D-7 and he brought him up and he admitted d-7 in the Deaf and Dumb School at Kakinada and accepted the documentary evidence, Exs. B-7 to B-47 to show that late Subba Raja was affectionate towards D-7. With regard to the execution of Ex. A-l and Ex. B-1, the learned Subordinate Judge found that Ex. A-l is not a genuine document and it was prepared with the signatures available on the blank papers by p. W-











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