M.B. RAMESH Vs. K.M. VEERAJE

JUDGEMENT

(1.) This Civil Appeal raises the question as to whether the will of one Smt. Nagammanni was validly executed, and whether the same was duly proved by the respondent no.1 and another (original plaintiffs). There is one more connected issue raised in this appeal as to whether a learned Judge of the High Court of Karnataka was right in interfering in Second Appeal, into the concurrent findings of the Trial Court and the Lower Appellate Court in exercise of High Court's powers under Section 100 of Code of Civil Procedure.

(2.) The respondent no.1 and another, the original plaintiffs are the sons of a cousin of one Smt. Nagammanni who died on 21.11.1970. It is claimed by them that she left behind a will executed way back on 24.10.1943, and registered with the Sub-Registrar at Mysore, on 25.10.1943. The original plaintiffs claimed that through the said will she has bequeathed her property in their favour. The property referred in the will is her ancestral property. The property of late Smt. Nagammanni consisted of 11 parcels of dry land situated in village Mallinathpuram, and 2 parcels of wet land situated in village Kaggalli, both in taluk Mallavalli in district Mandya, State of Karnatka. Out of these 11 parcels of dry land those at Sl. Nos.2, 5 and 10 (from the list referred in the plaint) were not covered in the will.

(3.) It was the case of the original plaintiffs that they were in possession of these parcels of land, and their possession was sought to be disturbed by the appellant herein (original defendant no.1 and others). Smt. Nagammanni is the widow of one C. Basavaraje Urs, whereas the appellant is the son of this C. Basavaraje Urs from his second wife. After the death of Smt. Nagammanni, the plaintiffs, as well as the defendants, applied for entering their names in the revenue records as the owners of the concerned lands. The Mutation Registrar however passed an order on 29.3.1971, in favour of the defendants. The plaintiffs preferred an appeal against the same to the Assistant Commissioner Mandya. However, when they found that taking advantage of the said order the defendant No 1 was trying to disturb their possession over the suit properties, they were required to file a suit, on the basis of the will, which they filed in the Court of Principal Civil Judge at Mandya, and which was numbered as Suit No.32 of 1975.