B. RAJAPPA Vs. NANJAPPA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 22/4/2009 passed by Civil Judge (Sr.Dn.) and CJM, Chamarajanagar, in R.A.no.51/2004 and judgment and decree dtd. 12/8/2004 passed by Civil Judge (Jr.Dn.) and JMFC., Gundlupet, in O.S.no.13/1998, this appeal is filed.

(2.) Brief facts as stated are that appellants were defendants in O.S.no.13/1998 filed by respondents/plaintiffs for declaration and for permanent injunction restraining defendants from interfering with their peaceful possession and enjoyment of property bearing Sy.no.161 measuring 05 Acres 20 guntas situated at KoteKere village, Begur Hobli, Gundlupet Taluk and land bearing Sy.no.53/1 measuring 04 Acres, situated at Belachalavadi, Begur Hobli, Gundlupet Taluk (for short 'suit properties').

(3.) In plaint, it was stated suit properties were self- acquired properties of propositus - Madappa, who died intestate leaving behind his wife Badramma, as only legal heir. She was in possession and enjoyment of suit properties, when she shifted her residence to Malavalli and began residing with plaintiffs. Thereafter, they were cultivating suit properties. On 1/9/1994, she executed registered Will bequeathing suit properties to plaintiffs. After her death on 15/2/1997, plaintiffs continued in possession and got revenue records mutated in their names. Plaintiffs also stated that they were children of Basamma, elder sister of Badramma. And further that Badramma had executed a Will dtd. 27/8/1986 in favour of defendants, which was cancelled on 31/8/1994. Therefore, Will dtd. 1/9/1994 would become her last Will and plaintiffs would be beneficiaries. Since earlier Will was cancelled, defendants had no rights over suit properties, as they started to interfere, suit was filed.