The main legal point established in the judgment is the requirement for the propounder of a will to prove its authenticity in accordance with the law, and the entitlement of a successful party to suit costs.

JUDGMENT :

VENUTHURUMALLI GOPALA KRISHNA RAO, J.

1. The A.S. No. 1924 of 2003 is filed against the Decree and Judgment, dated 21.04.2003, passed in O.S. No. 16 of 1996 on the file of the Principal Senior Civil Judge, Eluru. The Plaintiff-Matta Sumana filed the Suit against the Defendants-Parasa Kasivisweswara Rao and 4 others for claiming the relief of declaration of the plaintiff’s title to the schedule property and for recovery of the possession along with future profits and for costs. The trial Court decreed the Suit. This Appeal is filed by the appellants/Defendants 1 and 2 in the said suit questioning the decree and judgment passed by the trial Court.

2. The A.S. No. 1621 of 2003 is filed against the Decree and Judgment, dated 21.04.2003, passed in O.S. No. 16 of 1996 on the file of the Principal Senior Civil Judge, Eluru. This Appeal is filed by the appellant/fourth Defendant in the said suit i.e. Poosala Lakshmi Venkata Satyanarayana Rao, questioning the decree and judgment passed by the trial Court. Pending the appeal, the appellant/ fourth defendant was died, his legal representatives were brought on record as appellants 2 and 3.

3. The A.S. No. 1938 of 2003 is filed by the plaintiff against the Decree and Judgment, dated 21.04.2003, passed in O.S. No. 16 of 1996 on the file of the Principal Senior Civil Judge, Eluru, for disallowing the costs by the trial Court.

4. All the three appeals are filed against one common judgment dated 21.04.2003 in O.S. No. 16 of 1996 on the file of the Principal Senior Civil Judge, Eluru, all the three appeals were heard together and they are being disposed of by this common judgment.

5. The parties to the above three appeals are referred to as arrayed before the trial Court.

6. The brief averments of the plaint, in O.S. No. 16 of 1996, are as follows:

(i) The plaintiff is the sister of first defendant and they are the children of Parasa Ramalingeswara Rao, who died on 13.09.1982. Late Nagabhushanamma is their paternal grand mother, died on 16.04.1984. Second defendant is the wife of first defendant. Defendants 3 and 4 are the alienees of item No. 1 of the plaint schedule property and they are in possession. Fifth defendant is the alienee of 250 square yards of site from and out of item No. 2 of the plaint schedule property and he is in possession. The third defendant died pendent lite. Defendants 6 to 8 are the legal heirs of third defendant.

(ii) Late Nagabhushanamma during her life time executed a registered will dated 19.10.1983 bequeathing an extent of Ac.11.97 cents and 300 square yards of site and a tiled house therein situated in Chintalapudi to the first defendant. The first defendant used to manage the properties of her paternal grand mother till her death.

(iii) Late Nagabhushanamma had love and affection towards the plaintiff and she voluntarily out of her own free will and in sound and disposing state of mind executed a will at Tekkali on 03.04.1984 bequeathing her remaining Ac.5.30 cents of dry land i.e. Ac.2.34 cents in R.S. No. 697/2 and Ac.2.96 cents in R.S. No. 698 to the plaintiff. The said will is her last will. So the plaintiff is enjoying the property in her own right since 1984. Her name was also mutated in the revenue records.

(iv) Defendants 1 and 2 collusively with an oblique motive to make wrongful gain to themselves and cause wrongful loss to the plaintiff, trespassed into the schedule land without any right, title or possession, taking advantage of the plaintiff’s absence at Chintalapudi, by that time, the plaintiff was residing with her husband at Hyderabad, the second defendant alienated item No. 1 of the plaint schedule property to the defendants 3 and 4. First defendant also sold 250 square yards of site from and out of item No. 2 of the plaint schedule property to the fifth defendant, on the strength of a will alleged to have been executed by Nagabhushanamma on 09.04.1984 to give a colour of reality to the said alienees. The said will is not true, valid and binding