USHA SUBBARAO Vs. B N VISHVESWARAIAH

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal by the plaintiff arises out of a suit wherein the appellant claimed 1/5 share of her deceased husband in the properties left by her father-in-law, Dr. N.S. Nanjundiah, on the basis of a Will executed by Dr. Nanjundiah on March 13, 1935. The said suit was decreed in full by the trial Court. But on appeal, the Karnataka High Court, by the judgment dated April 15, 1994, has set aside the said judgment of the trial Court in respect of properties mentioned in Schedules "A", "B" and "D" to the said will and has confined the decree to properties mentioned in Schedule "C" to the Will. The questions that fall for consideration in this appeal relate to construction of the Will.

(3.) Dr. N. S. Nanjundiah (hereinafter referred to as the testator) died on July 28, 1938 leaving behind his wife Smt. Nadiga Nanjamma and five sons, namely, B.N. Subba Rao, B.N. Shankar Rao, B.N. Visweswaraiah, B.N. Rama Rao and B. N. Ganesh. The appellant is the wife of B.N. Subba Rao who died on February 21, 1954 without leaving any issue. Smt. Nadiga Nanjamma died on March 28, 1959. After the death of Smt. Nadiga Nanjamma, the appellant filed the suit giving rise to this appeal.