HANANAMAPPA HONDAPPA DUTARI Vs. ASHOK SANGAPPA KAMALDINNI

JUDGEMENT

(1.) Smt. Neelavva filed a suit for cancellation of the Will dated 06.09.1994 executed by her father in favour of the defendant. She also sought for a consequential decree of injunction.

(2.) It was her case that her father Hanumantappa Aminappa Kamaladinni had died on 20.01.1999 and she being one of the legal heirs, had succeeded to the same and was entitled to enjoy the property as such. It was her case that a false Will had been set up by the defendant, which was said to have been executed by her father under which the suit land had been bequeathed to him. It was contended that since the said Will was a bogus Will, the same was required to be declared as illegal and that she be declared as the absolute owner of the suit property.

(3.) The suit was contested by the defendant. It was his specific contention that the deceased Hanumantappa had executed a registered Will on 06.09.1994 bequeathing the suit property in his favour and that at the time of execution of Will, he was both mentally and physically sound. It was his further defence that the plaintiff had, in fact, filed a suit in O.S.No.361/1996 against the testator Hanumantappa, his wife and his daughter and himself and this was dismissed on 23.07.1998 and thereafter the plaintiff's appeal in R.A.No.65/1998 had also been dismissed.