LAWS(KAR)-2014-9-44

STELLA SOANS Vs. SHEELA ROY

Decided On September 05, 2014
Stella Soans Appellant
V/S
Sheela Roy Respondents

JUDGEMENT

(1.) THE appellants who were plaintiffs in O.S. No. 36/2003 on the file of the II Addl. Civil Judge (Sr. Dn.), Mangalore, have filed this appeal being aggrieved by the dismissal of their suit by the judgment and decree dated 22.03.2007.

(2.) HEARD the learned counsel for the parties.

(3.) ACCORDING to the plaint averments, one Hanoch was the full and absolute owner of the plaint schedule property. According to the plaintiffs, first plaintiff is the daughter -in -law and plaintiffs 2 to 9 and first defendant are the grand children of deceased Hanoch born to his son E.W. Soans, who died on 24.11.1961. He executed a registered Will on 17.02.1961. According to the Will, Martha Soans @ Karkada who was the wife of Hanoch and mother of E.W. Soans and Gilbert David Karkada, was given a life interest in the suit property and thereafter the property shall devolve upon Gilbert David Karkada, the husband of the second defendant and father of defendants 3 to 5.