YADUGIRI YATHIRAJA MUTT, A RELIGIOUS INSITITUTION AND ORS Vs. B K SURYANARAYANA S/O B V KRISHNAMURTHY AND ORS

JUDGEMENT

(1.) This appeal is by the first defendant against the judgment and decree in O.S.No.2/1991 dated 9.11.2001 on the file of the Principal District Judge, Mysore.

(2.) The plaintiff had sought for probate of the Will dated 10.12.1988 or letter of Administration thereof having jurisdiction throughout the State, however, P & SC No.6/1989 was contested by the defendant No.1 appellant and defendant No.2 Bank, as such, the trial court converted the same into Original Suit No.2/1997.

(3.) Case of the plaintiff is that, one M.D.Chinnamma died on 9.1.1989 in her permanent place of abode at Mysore. She had left behind immovable property in Mysore. The Will dated 10.12.1988 was duly executed by the Testator interalia bequeathing the properties in favour of the plaintiff. The Will was attested by two Attestors by name K.Lalsmi Prasad and A.N.Nagoji Rao. There was an obligation on the part of the plaintiff to deposit Rs.25,000/- in the State Bank of Mysore defendant No.2. Plaintiff became entitled to the property bequeathed to him bearing door No.1457 situated at Krishnamurthypuram, Mysore.