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ANDHRA PRADESH HIGH COURT
M.S. Ramachandra Rao, J.
Garbham Jagannadha Parto and
Ors. —Appellants
versus
Bodla Satyanarayana and Ors. —Respondents
A.S. No. 2401 of 1999
Decided on 3.9.2013
Counsel for the Parties:
For the Appellants:Ch. Sudhakar Babu, Advocate.
For the Respondents:V. Ravinder Rao, Advocate.
IMPORTANT POINT
Pleading of plaintiffs in plaint as to nature of property must be specific.
Headnote:Property Law—Title and Possession—Will—Pleading of plaintiffs in plaint as to nature of property is vague—Signature of second attestor was obtained subsequently and no credence can be given to Will—Merely because there is a recital in Will that testator acquired suit property in name of owner Court cannot place reliance on it in absence of independent evidence showing acquisition of property by testator—Plaintiffs failed to prove that testator and his son by their joint exertions acquired properties—Plaintiffs failed to prove that plaint schedule properties are joint family properties of testator—Execution of unregistered Will is proved by defendant—Executant of unregistered Will and on her death plaint schedule properties devolved upon defendant—Plaintiffs do not have any right, title or interest over plaint schedule properties and that they belong to defendant—Appeal dismissed. (Paras 15, 22, 29 and 30)
Result: Appeal dismissed.
M.S. Ramachandra Rao, J.—This appeal is preferred against the judgment and decree dt.24.7.1995 in OS.No.35 of 1991 of the I-Addl. Sub-Ordinate Judge, Visakhapatnam.
2. The appellants are plaintiffs in the suit. The suit was filed for recovery of possession of the plaint. ‘A’ Schedule properties after evicting the 1st defendant therefrom, for future profits and costs. Subsequewntly, the plaint was amended vide Order dated 7.2.1995 and the relief of declaration of the title of the plaintiffs was also added to the above reliefs.
3. The plaintiffs are brothers and are sons of late G. Kurmanadha Patro of Parvathipuram. Late G. Kurmanadha Patro was the only son of his father late Sitaram Patro through his legally wedded wife Seetamma @ Subadramma. Sitararna Patro died on 2.5.1954 and was residing during his lifetime at Visakhapatnam where he was working as Huzur Sheristadar in the Office of the District Collector.
4. Sitaram Patro also lived with a lady by name Nulu Narasamma, who was allegedly his mistress, during his lifetime. They had a daughter by name Kanaka Mahalakshmi and a son by name Ganapathi Rao. Narasamma also had another daughter by name Subhadramma @ Bojjamma (hereinafter referred to as “Bojjamma”). Bojjamma was married to one Bodla Ramakrishna and through him had three sons and three daughters. Bodla Satyanarayana (Defendant) is one of the sons of Bojjamma through Bodla Satyanarayana. It is alleged that through Bojjamma also, Sitaram Patro had a son by name G. Nagaraju,
5. Kurmanadha Patro died on 2.7.1984 leaving behind his children, the plaintiffs, as his legal heirs. Kanaka Mahalakshmi expired in 1983 leaving behind a daughter by name Bhanumathi. Bojjamma expired on 14.9.1987. Nagaraju the son of Sitaram Patro and Bojjamma passed away on 15.10.1960.
6. Item No.1 of plaint schedule property which is a house bearing No.5/154 in Daba Gardens, Visakhapatnam was purchased under registered sale deed Ex.B.1 on 1.11.1944 in the name of G.Nagaraju, the son of Bojjamma through Sitarama Patro. The document recited that the consideration for the said purchase was paid by Bojjamma from her Streedhana and through one V. Satyanarayana Raju. Item No.2 of the plaint ‘A’ schedule property, which is a house bearing No.5/154-A in Daba Gardens, Visakhapatnam was constructed in a vacant site of extent 608 sq.yds. purchased under Ex.B.2 registered sale deed dt.13.4.1945 also in the name of G.Nagaraju for a sum of Rs. 1,500. This document recited that consideration was paid by V. Satyanarayana Raju on behalf of the purchaser to the vendor.
7. A Will Ex.A.3 dt.4.4.1953 was executed by Sitaram Patro during his lifetime. Under the said Will, item No.1 of the plaint schedule property was bequeathed to Nagaraju and in case Nagaraju died without attaining majority, it would devolve on Kurmanadha Patro, and through him on the plaintiffs. Sitaram Patro further directed under the said Will that on his death, item No.2 of the plaint schedule property shall devolve on Bhanumathi, his granddaughter through his daughter Kanaka Mahalakshrni and in case of her death either prior to her marriage or prior to giving birth to any child, it would devolve on Nagaraju; in case Nagaraju was not alive by then, then it would devolve on Kurmanadha Patro and through him to his sons i.e., the plaintiffs.
8. This Will was presented for registration by Kanaka Mahalakshmi after the death of Sitarama Patro but it was withdrawn by her before its registration on 30.6.1954. Subsequently, an application was filed by Bojjamma for its certified copy. Thereupon, proceedings Ex.B.4 dt.31.07.1954 were issued by the Jt. Sub-Registrar, Visakhapatnam informing these facts to Bojjamma. But a registration extract Ex.B.3 of the said Will was issued to the defendant. It is pertinent to note that in Ex.A.3, there are signatures of two attestors by name V. Varahalu (PW2) and K. Srinivasa Chari but in Ex.B3, the registration extract of Ex.A3, there is only signature of one attesto
