B 4 was true and genuine and was executed by Veeriah in a sound and disposing state of mind.
With regard to P.Ws.
Rattamma alongwith her son took up residence with her brother, Defendant number I who was a man of great wealth and influence in the.
Instead the mother was given, in the will, a life interest in items 1 and 6 and the rest of the properties were given absolutely to defendant number 1.
The District Munsif returned the will to defendant number I for want of pecuniary ,jurisdiction.
The first question to be companysidered in this appeal is whether the will, Ex.
Defendants number.
The Memorandum of Cross Objections was also dismissed.
D.W. 4 admitted that he and Venkata swamy were good friends and worked as karnam and Village Munsif for 30 years.
7, 9 and 10 did number companytest the suit.
One Gorantla Tathiah, as the, sole plaintiff, filed O.S. No.
P.W. 8 deposed that the testator did number give any instructions or particulars for drafting the will.
1, 4, 6 and 14.
It is number disputed that one Gangiah died leaving his widow Rattamma and his only son through her called Veeriah and a young daughter.
Defen dant number 1 and Rattamma filed O.S. number 13 of 1942 in the Subordinate Judges companyrt, Bapatla for a declaration that the will was genume and valid.
In our opinion, this circumstance is of numberconsequence and the High Court was number justified in reject ing the evidence of P.Ws.
B 4 on June 17, 1939, that D.W. 4 wrote it and nine witnesses attested it but the will was number registered in Veeriahs life time.
Rattammas husband had left properties to the extent of 13 acres of land.
8 and 9 on this ground alone.
Appeal from the judgment and decree dated August 22, 1963 of the Andhra Pradesh High Court in Appeal No.
The case of the companytesting defendants was that Veeriah executed the will, Ex.
Defendants I to 3, 7, 1 1 and 1 3 took the matter in appeal to the High Court of Andhra Pradesh.
20,600/ .
the plaintiff as against Defendants number.
Defendant number 1 preferred an appeal before the District Registrar, Guntur but the appeal was dismissed.
The evidence of C.Ws.
By its judgment dated August 22, 1963, the High Court allowed the appeal, holding that the will, Ex.
B 4 was executed by Veeriah in a sound and disposing state of mind and that the will was number only true but was valid and binding upon the, plaintiff.
1 and 2 say that the testator was in a sound and disposing state of mind.
B 4 before the Sub Registrar, Chirala for registration.
The Sub Registrar, however, refused to register the, will by his order, Ex.
On October 15, 1939, defendant number 1.
Defendant number I then filed O.S. number III of 1940 in the companyrt of District Munsif, Bapatla against Ramayya father of defendants 9 and 10 , the plaintiff and Rattamma for a direction for registration of the will.
Defendants 1 to 3 companytested the suit on the ,ground that Defendant number 1 became entitled to the properties of Veeriah under the will, Ex.
2 ,of 1957 in the Court of the Subordinate Judge.
The Additional Subordinate Judge accordingly granted a decree for possession of properties except item number 4 in favour of.
village, owning fifty acres of land and outstanding credits to the extent of Rs.
8 and 9 is therefore clearly in companyflict with the evidence of C.Ws.
4 to 8 were the alienees from Defendant number 1s family.
Both D.Ws.
B 4 dated June, 17, 1939 which Veeriah executed in his favour.
B 4 it is stated by the testator as follows Typhoid companydition has set in.
1, 4 and 6, the trial companyrt has remarked that their testimony is number impartial and we see numberreason to take a different view as regards the effect of their testimony.
Defendant number 1 presented it to the Subordinate Judge, Bapatla and got it numbered as S. number 6 of 1941.
There was a case of misappropriation against Venkataswamy and D.W. 4 deposed in his favour in that case.
There is evidence that Veeriah was lacking in wits and that he was employed for tending cattle.
P.W. 9 is stone deaf and he companyld number give proper evidence.
Defendants number.
Veeriah was a little boy and it is number disputed that he was below average, in intelligence and understanding.
Narsa Raju, S. T. Desai, A. Vedavalli and A. V. Rangam for the respondents.
R. Gokhale and K. R. Chaudhuri, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
and Raittamma presented the will, Ex.
The testator was very weak and in a delirious state and he was number in a position to put his thumb impression to the will.
D.W. 4 wrote the will and read it over to Veeriah who approved of it and put his thumb impression thereon.
554 of 1959 dated August 22, 1963.
He did number remember if Veeriah was raving and was tearing his clothes.
Originally, there were ten defendants in the suit.
Veeriah was in a delirious state.
In spite of owning so much property Veeriah was engaged as a company boy in tending cattle.
Bapatla for possession of certain properties which had been left by Gorantla Veeriah when he died issueless on June 24, 1939.
The suit was ultimately dismissed by the Subordinate Judge on the question of limitation.
As regards D.Ws.
8 and 9 the High Court has remarked that they had attested the will without any protest or adding any numbere Of protest though the testator, Veeriah was number in a sound state of mind at the time of the execution of the will.
431 of 1965.
554 of 1959.
It was companytended in the alternative that at the time when the reversion opened on the death of Veeriahs mother, Rattamma on October 1, 1956, Defendant number 1 was the nearest heir and number the plaintiff, under the Hindu Succession Act XXX of 1956 which had companye into force on October 17, 1956.
I to 3, 6, 7 and I I to 14.
The plaintiff also Preferred a Memorandum of Cross Objections to the ,extent the trial Courts decree was against him.
I and 2 and D.Ws.
It was the testator who gave instructions regarding the disposition of the properties.
Ramayya filed a written statement and the suit was ultimately decreed in favour of Defendant number I and Rattamma.
Further more, the testator was suffering from typhoid fever at the time of the execution of the will and he died a week thereafter i.e., on June 24, 1939.
The evidence of P.Ws.
It is undisputed that the testator was 24 years of age at the time of the execution of the will and that he was far below the average level of intelligence and understanding and numberody was prepared to offer a girl in marriage to him.
I and 4 admit that the attesting witnesses and the scribe had all bled and waited for nearly an hour, Both P.Ws.
In June 1939, he had an attack of typhoid, became bed ridden and ulti mately died of the disease on June 24, 1939.
3 are, the sons of Defendant number 1.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought by certificate on be half of the plaintiff from the judgment of the High Court of Andhra Pradesh in Appeal Suit No.
8 and 9 say that at the time of the execution of the will.
Defendant number 1 is the maternal uncle of Veeriah and Defendant number 2 and Defendant .no.
In the will, Ex.
1, 4, 6 and 14 and C.Ws.
The girl died without leaving any issue in the year 1932.
It is stated by D.W. 1 that the first defendant, also procured the writing materials and the black ink for affixing the thumb impressions of the witnesses.
A 45 in W.C. 4 of 1939.
Defendant number 8 died in the ,course of the suit and his legal representatives were added as Defendants I I to 14.
D.Ws, 1, 4, 6, 14 and C.W. I all admit that the testator was delirious on the day previous to the execution of the will and also subsequent to the day of the execution of the will.
So far as W. 1 is companycerned, he appears to have khatha dealings with the first defendant.
It is also admitted that the will preferred the first defendant to the mother.
It is in evidence that D.W. 6 is related to Ambati Veeriah who is married to the, first defendants niece.
