RUKMAYYA GOWDA Vs. SUBBANNA GOWDA

JUDGEMENT

(1.) THE l. rs of the second plaintiff, plaintiffs (f), (g), (h), (i) have preferred the above revision being aggrieved by the rejection of the application under order 6, Rule 17 by the trial court.

(2.) THE suit was one for partition and la. Xvi was filed by the plaintiffs seeking amendment of the plaint regarding the will dated 25-2-1986 propounded by them. The trial court considered the affidavit filed by the petitioners in La. V and orders passed by the court earlier to the following effect:

(3.) MR. Rajeev, appearing for the petitioner contended in this revision, will has been proved and the petitioners are legatees under the will executed by ramanna gowda. This has been decided so, while earlier i. a. v was ordered. But the contention was that under the will, tenancy rights cannot be bequeathed and what is bequeathed is occupancy rights, so the question of res judicata cannot come and the point has to be investigated at the time of final hearing and not in the beginning dates.