MUNIYAPPA AND ORS Vs. DODDAMUNISWAMAPPA

JUDGEMENT

(1.) This is the plaintiffs' Second Appeal. Suit came to be filed for partition and separate possession claiming one-third share over six items of 'A' schedule properties and one item of 'B' schedule property. According to the plaintiffs, Muniyamma w/o Ramaiah executed a registered Will (Ex.P1) in favour of their father, defendant No.1, defendant No.4 and late Doddamuniyamma on 16.9.1932; Doddamuniyamma expired issueless; Thus the plaintiffs, 1st defendant and 4th defendant are entitled to one-third share each in view of the fact that Doddamuniyamma expired without any issue and her property also is succeeded by the surviving heirs viz., Plaintiffs, defendant No.1 and defendant No.4.

(2.) Plaintiffs are brothers inter se and they are sons of Chikkamuniswamy. Defendant No.1 is the senior uncle of plaintiffs; Defendants 2 and 3 are the sons of defendant No.1; Defendant No.4 is junior uncle of plaintiffs; Defendant No.5 is the wife of defendant No.1 and defendant No.6 is the wife of defendant No.2.

(3.) The case of the defendants is that Doddamuniyamma (the grand-daughter of Muniyamma) executed a gift deed - in favour of defendant No.6 in respect of all the properties except items 2 and 6 of 'A' schedule properties; defendant No.5 executed gift deed as per Ex.P9 in favour of defendant No.6 on 15.4.1982 in respect of items 2 and 6 of 'A' schedule properties; Hence defendant No.6 is the exclusive owner of all the suit schedule properties; The defendants denied the plaintiffs' case regarding execution of the Will in favour of the plaintiffs by Muniyamma. It is the further case of the defendants that defendant No.5 is the exclusive owner of item Nos.2 and 6 of the 'A' schedule properties as she has purchased the said properties through registered sale deed - Ex.D2 on 3.6.1968.