MANJULA Vs. SHYAMSUNDAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree in R.F.A. No. 468 of 2004 dated 07.09.2006 whereby the High Court of Karnataka has dismissed the appeal filed by the appellants.

(2.) The appellants were the plaintiffs in O.S. No. 1/2002 on the file of the Principal Sessions Judge, Dharwad, and the respondents were the defendants. The plaintiffs filed a petition under Section 278 of the Indian Succession Act, 1925 praying for issuance of a letter of administration in respect of the Will dated 19.12.1976 executed by one Srinivas Gambhir. Since the defendants challenged the execution of the Will, the said petition was registered as a suit. Srinivas Gambhir died on 24.12.1983. According to the plaintiffs, at the time of his death, he left the aforesaid Will in the custody of the scribe of the Will. They have further contended that by the said Will, deceased-Srinivas Gambhir bequeathed his undivided share in the suit scheduled property in favour of the plaintiffs. On the basis of this Will, the plaintiffs claim title to the said property.

(3.) The defendants are the brother and sisters of Srinivas Gambhir. They have denied execution of the said Will in their written statement. They have also contended that Srinivas Gambhir was an idiot/lunatic in the care and custody of his mother-Indirabai and was incompetent to execute a Will. The competency of Srinivas Gambhir to execute the Will has already been decided by a judgment and decree passed by the High Court in R.F.A. NO.582/1987 dated 8/11.01.1988.