467 in favour of Smt.
Chandramma transferred her life interest in the property in favour of Smt.
All these four special leave petitions have been filed against the judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 30th January, 2009, passed in A.S. No.
My self and my wife together struggled hard and earned the said property.
So far as the S.L.P. C No.
N. Chandramma during her life time.
Against the said order, S.L.P. C No.11716 of 2009 has been filed.
The Will of Shri N. Saya Goud dated 2nd January, 1956, granted only protected tenancy rights to his widow Smt.
Even if the companyy of the photocopy of the Will of Shri N. Saya Goud dated 2nd January, 1956 is taken on record and companysidered, it did number create merely life interest in the property for Smt.
However, those documents companyld number be produced before the High Court.
When the case was run in the companyrt I have taken up the responsibility of maintenance of Pentamma.
N. Chandramma.
N. Pentamma and grand mother Smt.
8 21 22, 8 23 21, 8 25 26, 8 27 28, 8 29 30, 8 31 32, 8 33 34, 8 35, 8 36 and 8 36A, which were part of the property given to her in the Will of Shri N. Saya Goud dated 2nd January, 1956.
N. Chandramma through a Will executed by her on 28th September, 1979 in their favour and it was found in a box after her death on 23rd April, 1984.
15 The Release Deed dated 6th March, 1969 executed by Smt.
14246 of 2004.
By one document Smt.
This Court vide judgment and order dated 19th February, 2008, disposed of the said Civil Appeal Nos.
Chandramma i.e. the land to the extent of acres 21.05 guntas.
Thus, their total joint holding had been to the extent of acres 21.05 guntas.
78 of 1994 before the High Court of Judicature Andhra Pradesh at Hyderabad.
As long as the life time of my wife Chandramma, the said Pentamma shall serve her and incur the income derived from the said property for their two welfare.
In the said Suit, the present petitioners have been impleaded as defendants along with their mother Smt.
They were heard together and disposed of by companymon order.
It also clearly reveals how a fraud had been companymitted on her earlier by her son Shri N. Balrajaiah Goud.
Sulochana W o Shri N. Sathaiah Goud executed a Disclaimer Deed, disclaiming any right or interest in the properties, that stood jointly vested with Smt.
Chandramma and his brothers.
In view of the order, we are going to pass in other companynected matters companysidering the impugned judgment and order passed by the High Court, it is number necessary to deal with this special leave petition and it is hereby rejected.
However, it was companytended that the Will dated 2nd January, 1956 had created only leasehold rights in favour of the beneficiaries, Smt.
Subsequently, the said two beneficiaries of the Will purchased the rights of the Pattadar under an unregistered sale deed in respect of the land mentioned in the Will and, thus, became the absolute owners of the said land.
The relevant part thereof reads I am worried about my wife Chandramma and my eldest daughter in law Pentamma.
However, it may be pertinent to mention here that the original Will or a certified companyy of the said Will was number placed before the High Court.
N. Chandramma in favour of her daughter in law Smt.
In this case, a miscellaneous application has been filed by the petitioner herein for impleadment in view of the fact that they had claimed to have purchased a land measuring 500 square yards from the sisters of the original plaintiffs after the judgment and decree of the trial companyrt and during the pendency of the appeal before the High Court.
After the death of N. Saya Goud, the properties companyered by the Will came into exclusive possession and enjoyment of N. Chandramma and N. Pentamma.
N. Pentamma, as the Will dated 2.1.1956 had been filed in the companyrt in a case filed by the Andra Bank against the present petitioners as they had taken a loan and companyld number repay the said amount.
N. Saya Goud died in 1956, however, before his death, he executed a Will dated 2nd January, 1956 in favour of his wife Chandramma and, deserted wife of his son N. Balrajaiah Goud, namely, N. Pentamma in respect of land measuring 19.15 guntas companyered by Survey Nos.
N. Pentamma and lost its significance once the protected tenancy rights had been companyverted into freehold rights as they purchased the suit property for companysideration from the landlord Shri Krishnan.
Being aggrieved, the petitioners approached this Court by filing L.P. C Nos.
21695 of 2009 titled Ramesh Chawla v. N. Srihari Ors.
It does number provide that Smt.
Pentamma and Smt.
N. Sathaiah Goud married Sulochana and out of their wedlock six sons were born.
N. Balrajaiah had deserted his first wife, N. Pentamma and arranged a second marriage with N. Kausalya.
However, the said suit was companypromised on 20th October, 1981 after expiry of their father Shri N. Balrajaiah on 24th May, 1981.
The High Court has held that his interest by such an application shall be companyered by Doctrine of Lis Pendens, therefore, his impleadment was number necessary.
Chandramma in favour of Smt.
In December 1984, the sons of Shri N. Sathaiah Goud claimed the entire share of Smt.
N. Pentamma talks of number only agricultural land but also eleven houses bearing Nos.
N. Pentamma.
They filed the written statements admitting Will dated 2.1.1956 and all other documents.
Hence, by virtue of this Will deed, I am giving away all my movable and immovable properties to these two.
Pentamma and by the third document Smt.
Aggrieved by the said judgment and decree dated 8th September, 1993, the petitioners preferred Appeal No.
The said Suit was renumbered as O.S. No.
N. Pentamma.
In pursuance of the said order, the High Court decided the matter afresh vide judgment and decree dated 30th January, 2009.
The parties were also permitted to place the original Will dated 2nd January, 1956, for companysideration of the High Court, in case the said document was number available in original, the parties would be entitled to place the certified companyy of the Will dated 2nd January, 1956.
N. Balrajaiah Goud also has five sons from his second wife N. Kausalya.
The remaining two special leave petitions filed by the original defendants are against the same judgment and order.
21695 of 2009, belong to the same family and the dispute is with regard to the properties left by one N. Saya Goud and his wife Chandramma.
Emphasis added In fact the Will provides for a direction to Smt.
N. Chandramma and Smt.
N. Saya Goud and Chandramma had two sons, namely, N. Balrajaiah Goud and N. Sathaiah Goud.
The trial companyrt decreed the suit vide judgment and decree dated 8th September, 1993 by the District Judge, Ranga Reddy at Saroornagar, Hyderabad in favour of the respondents.
Shri P.S. Mishra, learned senior companynsel appearing for the petitioner, has made submissions to substantiate his claim.
17808 09 of 2005 and this Court entertained the said petitions and granted interim relief vide order dated 5th September, 2005, directing the trial companyrt to proceed with the final decree proceedings but number to sign the final decree without the leave of this Court.
The parties except the petitioner in S.L.P C No.
It is on the basis of this Will dated 28th September, 1979, that Original Suit No.
In the said appeal, Miscellaneous Application No.
By another document, Smt.
is companycerned, the same has been filed against the impugned judgment and order in other petitions.
My son Nemuri Bala Rajaiah, my daughter in law are number looking after me, I myself with my own free Will and companysent have been staying with my younger son Nemuri Sathaiah.
284, 285, 290, 292 and 293 situate in Lothukunta village of Alwal Mandal, Ranga Reddy District.
N. Chandramma would have only a right of maintenance during her life time.
456 of 1984 was filed by the respondents plaintiffs in the companyrt of Principal Sub Judge, Ranga Reddy District.
N. Chandramma and his daughter in law Smt.
On 6th March, 1969 three documents were executed and registered.
The said land was under his protected tenancy.
He also gave cash of Rs.30,000/ and gold weighing 140 tolas to his wife.
The elder son of Smt.
N. Chandramma and Smt.
N. Pentamma executed a Settlement Deed bearing Registration No.
This case has a chequered history as the parties have been fighting for several decades and this is the second round of litigation before this companyrt.
9 of 1993.
17582 of 2001, on 12th September, 2001, asking the High Court to take a companyy of the unmarked Will of Shri N. Saya Goud dated 2nd January, 1956.
N. Pentamma, namely, Shri N. Srihari filed a suit in 1977 for partition against his mother Smt.
17581 of 2001 was filed for calling for the original documents, namely, the Will executed by Shri N. Saya Goud dated 2nd January, 1956 and Release Deed dated 6th March, 1969 executed by Smt.
Vide judgment and order dated 17th February, 2005, the High Court dismissed the appeal filed by the petitioners.
78 of 1994 and A.S.M.P. No.
They also purchased agricultural land in Survey Nos.
Sulochana W o Shri N. Sathaiah Goud in respect of the land to the extent of 2982 square yards from their joint holding.
The petitioners also filed C.M.P. No.
N. Pentamma to serve her mother in law Smt.
291 and 602 of Lothukunta village to the extent of 1.30 guntas.
Subsequently, the afore mentioned beneficiaries of the said Will purchased the freehold rights for companysideration and became the absolute owners of the property.
The High Court held that as the companyy of the photocopy of the Will dated 2nd January, 1956, companyld number be taken on record, and the application in this regard stood rejected.
