DAYANANDI Vs. RUKMA D SUVARNA

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge of the Karnataka High Court whereby he allowed the appeal filed by Respondent No. 1, reversed the judgment and decree passed by Ist Additional Civil Judge, Mangalore (hereinafter referred to as, the trial CourtRs. ) and decreed the suit filed by her for partition and separate possession of her share in the suit property.

(2.) The suit property was owned by Singa Gujaran, father of Respondent No. 1, Appellant and Respondent Nos. 2 to 6. About 3 months and 10 days before his death, Singa Gujaran executed Will dated 25.5.1987. He bequeathed the property specified in item No. 1 of the Schedule attached to the Will to one of his four daughters, namely, Kalyani (respondent No. 3) and the property specified in item No. 2 jointly to the other daughters, namely, Dayanandi (appellant), Rukma (respondent No. 1) and Deena (respondent No. 2).

(3.) After one year of the demise of Singa Gujaran, Respondent No. 1 filed suit for partition and separate possession of her share in plaint Schedule B property. She pleaded that her father had executed Will dated 25.5.1987 and bequeathed plaint Schedule A property to Respondent No. 3 Kalyani and plaint Schedule B property to other daughters but by taking advantage of the acute illness of the father, the Appellant and Respondent No. 2 manipulated the execution of another Will depriving her of share in the property.