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1956 Supreme(AP) 214

K.SUBBA RAO, SYED QUAMAR HASAN
Karri Venkamma – Appellant
Versus
Karri Venkatareddi – Respondent


K. SUBBARAO, C. J.

( 1 ) THIS is an appeal against the decree and judgment of the Court of the Subordinate Judge of Eluru in a suit filed by the respondents for a declaration that the will dated 9-2-1947 was not executed by late Ramireddi.

( 2 ) THE facts are simple. One Ramireddi and Chenchureddi were brothers and constituted members of a joint Hindu family. They divided their properties on 8-2-1947. On 9-2-1947, Ramireddi is alleged to have executed a will where under he bequeathed his properties absolutely to his wife Venkamma, subject to the direction mat she should give some amount to his only daughter Subbamma at the time of her marriage. On 10-2-1947, Rami Reddi died. Subbamma also passed away on 13-6-1947. The plaintiffs, who are the sons of Chenchureddi, the divided brother of Ramireddi, filed the aforesaid suit for a declaration that the said will was forgery.

( 3 ) THE learned Subordinate Judge, on a consideration of the evidence held that the will which was marked as Ex. B-1 was not executed by Ramireddi, On that finding, he gave a declaration that Ex. B-l was not executed by late Ramireddi and that it was void. Karri Venkamma, the defendant and the widow of Ramireddi,


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