V. PRABHAKARA Vs. BASAVARAJ K.

JUDGEMENT

(1.) BACKGROUND FACTS: The Suit Property originally belonged to one Ms. Jessie Jayalakshmi (since deceased). The deceased Ms. Jessie Jayalakshmi, a spinster, was the maternal aunt of the Appellant/Plaintiff. Mr. Vijay Kumar and Ms. Kantha Lakshmi were his brother and sister, respectively. It is the case of the Appellant that the deceased, Ms. Jessie Jayalakshmi adopted him as her son and that he took care of her when she suffered an attack of paralysis.

(2.) A registered Will under Exhibit P4 was executed by Ms. Jessie Jayalakshmi on 04.09.1985 in favour of the Appellant. The said Will was attested by Mr. Vijay Kumar, brother of the Appellant, who has also been examined as PW2. Ms. Jessie Jayalakshmi was also brought to the office of the Sub-Registrar by none other than Ms. Kantha Lakshmi.

(3.) The relationship between Ms. Kantha Lakshmi and her husband, who has been arrayed as Respondent No. 1 got strained. She consequently filed a petition for divorce in MC No. 879 of 1987 before the Family Court of Principal Judge, Bangalore and obtained a divorce decree on 26.03.1988. It is the further case of the Appellant that Respondent No. 1 was permitted to reside in the Suit Property. Respondent No. 2 is the son of Respondent No. 1. As the Respondent No. 1 refused to vacate the Suit Property, which is a residential house, for which the Appellant is stated to have paid all the statutory dues, a suit for declaration and for possession was filed in O.S. No. 51 of 1992 which was decreed on 11.12.2003.