THE HONOURABLE SMT. JUSTICE K. SUJANA

JUDGMENT:

Challenging the judgment dated 13.12.2007 passed in O.S.No.17 of 2003 by the learned Principal District Judge, Khammam District, the present appeal suit is filed.

2. The brief facts of the case are that the plaintiff, claiming to be the second wife of Late Bandaru Prasada Rao, filed a suit for declaration of title and perpetual injunction over the suit schedule properties based on a will dated 23.07.1993, allegedly executed by the deceased. She contended that after their marriage in the year 1980, she lived with him until his death in the year 2002, and by virtue of the will, she became the absolute owner of the properties. The first defendant, son of the deceased, denied the marriage and will, asserting that the plaintiff was only a servant of his father and that the will was fabricated. He further claimed that the properties were joint family properties of the deceased and his adoptive father, Late Kabbaiah, and not the self-acquired properties of Prasada Rao. The defendants also pointed to earlier legal proceedings and documents, including a legal heir certificate and voter list that did not mention the plaintiff as a wife or legal