IMPORTANT POINT
If Will executed, bequest must occur, according to terms thereof.

L. Narasimha Reddy, J.—These two LPAs arise out of a common judgment, dated 18.01.1996, passed by a learned Single Judge of this Court in A.S.Nos.516 of 1981 and 3018 of 1982. The two appeal suits, in turn, arose out of the decrees passed in O.S.Nos.22 and 24 of 1979 on the file of the District Judge, Anantapur, through a common judgment, dated 31.12.1980. It needs to be mentioned that except for the minor changes, the parties in both the suits are common.

2. One Pandrapalli Bheemappa of the present Anantapur District of the State of Andhra Pradesh held about Acs.150.00 of land. He was married to one Smt. Sannakka. They did not have any issues. He married another woman, by name, Hanumakka. Through her also, he did not beget any children. Bheemappa had two sisters, namely, Ramakka and Lakshamamma. The son of Ramakka, by name, Kesanna, is said to have been adopted by the family.

3. Bheemappa died in the year 1918. In the year 1922, the re-survey settlement was conducted in that area. On the basis of an arrangement made between the members of the family, an extent of about Acs.80.00 of land was shown in the name of Kesanna, and about Acs.40.00 each in the names of Sannakka and Hanumakka. Kesanna died in the year 1935. His sons succeeded to his estate and were enjoying the properties owned by him.

4. Hanumakka filed O.S.No.256 of 1938 in the Court of the District Munsif, Bellary, against Sannakka and the legal representatives of Kesanna. for partition of the entire suit schedule properties. A compromise was entered into, whereunder, in addition to the properties that were already recorded in her name at the time of re-survey, Hanumakka was conferred with the life interest in an extent of about Acs.6.00 of land.

5. Sannakka died in the year 1965 and Hanumakka died in the year 1968. While Sannakka is said to have executed a Will, dated 22.08.1965 (Ex.B.15), bequeathing her properties in favour of the sons of Kesanna, Hanumakka is said to have executed a Will, dated 07.09.1965 (Ex.A.3) in favour of the children of Lakshmamma, the 2nd sister of Bheemappa.

6. Lakshmamma and her children filed O.S.No.110 of 1969 in the Court of the Subordinate Judge, Anantapur, against the legal representatives of Kesanna, with properties held by late Bheemappa, as reversioners. They pleaded that after the death of Bheemappa, his two wives were enjoying the properties and since they died issueless, the properties reverted to the legal heirs of Bheemappa. According to them, the defendants were in unauthorized possession of the properties. The suit was opposed by the defendants. It was pleaded that an arrangement was made at the time of re-survey, whereunder their father was given about Acs.80.00 of land and both the wives of Bheemappa were given Acs.40.00 of land each, and that the same was taken note of, in the compromise decree in O.S.No.256 of 1938 on the file of the District Munsif, Bellary. They have also pleaded that Sannakka executed Ex.B.15-Will in their favour. They have also pleaded that the Will said to have executed by Hanumakka is a fabricated one, and not enforceable in law.

7. The legal representatives of Lakshmamma, who figured as plaintiffs 3 to 14 in O.S.No.110 of 1969, filed O.S.No.160 of 1970 in the same Court, in respect of the properties covered by Ex.A.3-Will said to have been executed by Hanumakka, against the same defendants. The only difference is that the 5th defendant, by name, Patel Linganna Gowd, was added. For all practical purposes, the pleadings in this suit were repetition of those in O.S.No.110 of 1969, except for the relief portion, which was confined to the properties covered by Ex.A.3-Will. Both the suits came to be transferred to the Court of the District Judge, Anantapur, and re-numbered as O.S.Nos.22 and 24 of 1979.

8. Through a common judgment, dated 31.12.1980, the trial Court dismissed O.S.No.22 of 1979 and decreed O.S.No.24 of 1979.

9. While A.S.No.516 of 1981 is filed by the defendants in O.S.No.24 of 1979, i