DEVEERAMMA Vs. M SNANJAPPA

JUDGEMENT

(1.) This appeal arises out of an application made by one Nanjappa to the District Judge, Mysore, for the grant of a probate or letters of administration to him in respect of a will alleged to have been executed by one Badami Nanjappa on July 2, 1946. Badami Nanjappa who was a resident of the City of Mysore died on October 9, 1950. He had three wives and defendant 1 was the only wife who survived him. His two other wives had predeceased him. His first wife Channamma who was one of those wives who predeceased him, left a daughter, defendant 7. His second wife Subbamma had no children. Defendant 1 Deveeramma is his third wife. By his third wife Badami Nanjappa had seven children. Two of them were sons and the other five were daughters. Out of his two sous, defendant 2 is the only surviving son. One of his daughters Neelamma died and the remaining four daughters are alive today.

(2.) Defendant 2 is Basavaraju, son of Badam Nanjappa by his third wife. Defendants 3 to 6 ere his daughters by her.

(3.) After the death of Badami Nanjappa, the plaintiff Nanjappa who made an application for the grant of a probate or letters of administration, applied for a copy of the will said to have been executed by Badami Nanjappa on the very next day after his death. Exhibit L is a certified copy of the registered will which was granted to him. The plaintiff's case was that the original will was in the custody of defendant 1 who refused to hand over to him that will, after Badami Nanjappa died.