SHNTABAI Vs. IRAMMA

JUDGEMENT

(1.) THE appellant and respondent's no. 1 to 3 are the daughters of deceased Halayya Swamy and 4th respondent is the wife of deceased Halayya Swamy.

(2.) THE respondent no. 1 (plaintiff) had filed a suit for partition in O.S. No. 77/2007 against the appellant (defendant no. 1) and respondents 2 to 4 (defendants no. 2 to 4). The suit was resisted inter alia contending that deceased Halayya Swamy had bequeathed the suit schedule property in favour of the husband of appellant by executing a will on 11.04.1975. The suit was barred by time. It was also contended that husband of appellant was an illtom son -in -law and he was entrusted responsibility of managing suit properties.

(3.) I have heard Sri. Srivatsa, learned Senior Counsel for the appellant and Sri. K.A. Kalburgi, learned counsel for defendants.