- (1.) This appeal by special leave is directed against order dated 21.9.2006 passed by learned Single Judge of the High Court of Andhra Pradesh, who allowed the appeal preferred by Defendant no.1 and set aside the judgment and decree of the trial Court in the original suit preferred by the appellant.
(2.) The only question that needs consideration in this appeal is as to whether the High Court is correct in law in interpreting the provisions of Section 14 of the Hindu Succession Act, 1956 (for short 'the Act') in arriving at a conclusion that the widow of the deceased P. Venkata Subba Rao acquired an absolute interest in the property by the operation of Section 14 of the Act.
(3.) The undisputed facts are that the said suit property originally belonged to one P. Venkata Subba Rao, who had three wives. Only the second wife was blessed with two sons and one daughter, including defendant- Narasimha Rao. Veeraraghavamma was the third wife of the said P. Venkata Subba Rao but she did not have any issues. P. Venkata Subba Rao executed a Will in the year 1920(Exh.A2) in favour of his 3rd wife Veeraghavamma who in turn executed a Will dated 14.7.1971 (Exh.B1) in favour of defendant-Pentapati Subba Rao, and thereafter, she died in 1976. The case of the defendant is that the said P. Narasimha Rao has no right to transfer the suit properties in favour of the plaintiff.;