CHANDRAMMA AND ORS. Vs. ANJINAMMA

JUDGEMENT

(1.) This second appeal is by the plaintiffs. Their suit for declaration that they are the owners of the plaint 'B' schedule properties and that the registered will dated 3rd October 1981 executed by one Veeragara Obamma bequeathing the plaint 'B' schedule properties in favour of the defendant is null and void and for grant of permanent injunction restraining the defendant from interfering with the plaintiffs' possession of the aforesaid properties was dismissed by the Trial Court by its judgment dated 14th October 2008. The said judgment is confirmed by the first Appellate Court by its judgment dated 30th March 2009 which is impugned herein. Concurrent findings by both the Courts.

(2.) I have heard Ms. Vidya, learned counsel appearing for the appellants and Mr. V.M.Sheelavant, learned counsel who appeared as Amicus Curiae as the respondent remained unrepresented. Perused the judgments and the records of the two Courts below.

(3.) The sole contention urged by the learned counsel for the appellants-plaintiffs is that the registered will dated 3rd October 1981 - Ex.D.2 executed by Veeragara Obamma in favour of the defendant is not valid in law as she had no disposable interest in respect of the plaint 'B' schedule properties which is bequeathed under the will, in view of the unregistered settlement deed dated 30th May 1953 - Ex.P.2 executed between Veeragara Obamma and Siddamma, both of whom were widows of the two sons of Basamma. It is stated that as per the said settlement deed, Veeragara Obamma was given only life interest in the plaint 'B' schedule properties, and hence, she had no right to bequeath the plaint 'B' schedule properties under the will-Ex.D.2. In support of her contention, she relied on sub-section (2) of Section 14 of the Hindu Succession Act, 1956 ('the Act').