JINNAPPA THAVANAPPA Vs. KALLAVVA

JUDGEMENT

(1.) This appeal, by the plaintiffs is directed against the judgment and decree dt. 8th August 1973 passed by the II Addl. District Judge, Belgaum, in R A. No. 11 of 1971 on his file, dismissing the appeal and confirming the judgment and decree passed by the I Addl. Civil Judge, Bel- gaum, on 3-4-1971 in O.S. No. 79 of 1969 on his file, dismissing the suit of the plaintiffs.

(2.) The geneology of the family of the plaintiffs and defendants is as under : Tukappa had two sons, namely, Khemanna and Lokappa. Khemanna died on 16-1-1934 leaving behind him Basawwa his widow Basawwa had two daughters, namely Ratnava and Kallavva. Basawwa died on 18-7-69. Ratnava had already died. Kallavva is defendant No. 1 in the suit. In the other branch Lokappa died leaving behind him his son Tavanappa, who died on 3-4-1966 leaving behind him hjs widow Gangavva, Plaintiff-5 and his sons Ji-iappa Plaintiff-1 Parisa Plaintiff-2, Srikant Plaintiff-3 and Babu Plaintiff-4.

(3.) Khemanna executed a registered will, Ex. P-1, on 3-1-1930 by which he bequeathed his properties for life in favour of the widow Basawwa. Thereafter the properties were to go to Tavanappa his brother's son and he was to enjoy it as full owner. As stated above, after the death of Khemanna, Basawwa became the limited owner of the properties as per the will, Ex. P-l, executed by Khemanna. The widow Basawwa, however, instead of enjoying the properties as widow's estate, gifted away the properties in favour of her daughter Kallavva-defendant-1 by a registered gift deed Ex. D-3 dated 13-5-1968. Aggrieved by the said gift deed executed by Basawwa the present suit was instituted by the plaintiffs for declaration that the gift deed in question was illegal and not binding on the interests of the plaintiffs and for possession of the suit prope;ties.