S ARJUN RAO BIRJE Vs. VITTAL RAO BIRJE

JUDGEMENT

(1.) The appellants are questioning the legality and correctness of the judgment and decree passed in O.S. No. 118/2004 by the I Addl. City Civil and Sessions Judge, Bangalore, dated 20th April 2008. The facts leading to filing of this appeal are hereunder;

(2.) According to the 1st defendant, the relationship between the plaintiff and 1st defendant is not in dispute. It is also not in dispute that the maternal grand father -Narve Somoji Rao was the absolute owner of the schedule property. He also admits that Narve Somoji Rao died in the year 1932 leaving behind his widow - Ladu Bai and daughter - Ganga Bai, as his legal-heirs. During the life time of Somoji Rao, he had celebrated his daughters marriage and the mother of the parties was residing separately from her parents. According to him, after the death of Narve Somoji Rao, as par the provisions of the Hindu Woman's Right to Property Right ('Act' for short) Act, 1937, Ladu Bai being the widow of Narve Somoji Rao succeeded to the schedule property and she was the only absolute owner of the suit schedule property.

(3.) It is also the case of the 1st defendant that Ladu Bai executed a registered Will on 15.3.1952 bequeathing the entire schedule property to the 1st defendant It is also his case that he was given in adoption and he was brought up by his maternal grand- parents. It is also his case that after the death of Ladu Bai, he has been enjoying the schedule property as absolute owner end he had borrowed loan from the Bank by mortgaging the property and constructed the houses out of his funds. Therefore, he requested the Court to dismiss the suit