SARASWATHI R RAI Vs. KORAPALU

JUDGEMENT

(1.) This appeal by the plaintiffs is preferred against the Judgment and decree dated 11th December, 1980 passed by the learned Civil Judge, Puttur in Original Suit 1 of 1979.

(2.) The trial Court has dismissed the suit for partition and separate possession filed by the plaintiffs holding that by the Will dated 6th January, 1960, Exhibit P-1 executed by ThyampannaBanta bequeathed the suit properties absolutely in favour of Korapalu and Subbakke (defendants-1 and 2 respectively) and the bequeath was in their individual names for their personal benefit and enjoyment and was not for the family of defendants-1 and 2.

(3.) The facts necessary for the purpose of deciding the a fore said point are not at all in dispute. There was one Thyampanna Banta, who had a wife by name Muthakke, he had five issues through Muthakke by name Korapalu, Jathappa Rai, Mithrappa Rai, Subbakke and Panduranga Rai. The three sons are not parties to the suit. Subbakke has got four children Saraswathi- plaintiff No. 1, Gulabi-defendant No. 3, Balakrishna-defendant No. 4 and Karunakara Rai-defendant No. 5. Saraswathi has got a six children Sathyaprasad-plaintiff No. 2, Annapoorna-plaintiff No. 3, Sharath-plaintiff No. 4, Aravinda-plaintiff No. 5, Jyothsna-plaintiff No. 6 and Aparna-plaintiff No. 7. Gulabi also has got four children-Rajalakshmi-defendant No. 6, Shyamala- defendant No. 7, Chandrasekhara-defendant No. 8 andPrabhakara-defendant No. 9. Saraswathi and her children are the plaintiffs. Gulabi and her children are defendants-3,6,7,8 and 9. Balakrishna and Karunakara Rai brothers of Gulabi are defendants-4 and 5 respectively.