KADAMMA Vs. GOWRAMMA

JUDGEMENT

(1.) The plaintiffs have approached this Court in appeal challenging the judgment and decree passed by the Lower Appellate Court allowing the appeal of the respondents and setting aside the judgment and decree of the Trial Court: by modifying the same and reducing the share of the appellants in the properties to 1/8th.

(2.) The facts relevant for the purpose of this appeal are as under: I will be referring to the parties as per their rank in the Trial Court for the purpose of convenience. The appellants are the plaintiffs whereas the respondents are the defendants in the Trial Court. The plaintiffs instituted the suit for declaration, possession and mesne profits basing their chum on the ground that they are the legal representatives of deceased Kenchegowda and also on the basis of the Will executed by him dated 10.11.1980 produced at. Ex.P.5.

(3.) So far as the genealogy is concerned, there is no dispute. One Chowdegowda had two sons, the eldest by name Thimme Gowda @ Karigowda and the second was Kenche Gowda i.e., the lather of the plaintiffs and father-in-law of first defendant who died on 28.5.1983 leaving behind his only son Thimmaiah the husband of first defendant and 3 daughters i.e., plaintiffs 1 to 3. The eldest brother Thimmegowda @ Karigowda died without any legal representatives and in his life time, he had given this property to his younger brother Kenche Gowda. It is averred in the plaint that Kenche Gowda the father of the plaintiffs during his life time i.e. on 10.11.1980 executed a Will bequeathing his share in the suit properties to the plaintiffs who are the sisters of the husband of the first defendant. The husband of the first defendant was of unsound mind. He had two wives Parvathi who died long back and the first defendant was the second wife. Through his wedlock Thimmaiah and Gowramma the first defendant have a daughter by name Lakshmi the second defendant. The plaintiffs relied upon a Will Ex.P.5 dated 10.11.1980 whereas the defendants relied upon the Will Ex.D.3 said to have been executed by Smt. Chennamma wife of Kenche Gowda who had also died on 25.9.1980, after the death of her husband. In the circumstances, the plaintiffs sought for declaration of their ownership over the suit property and for possession.