CHANDRA PRABHA Vs. K. SAROJAMMAL

JUDGEMENT

(1.) The appeal is filed by the plaintiff challenging the judgment and decree dtd. 26/9/2014 passed by XVIII Addl. City Civil Judge, Bengaluru City, in O.S.No.3086/2005 thereby suit filed by the plaintiff for declaration, partition and mesne profits is dismissed.

(2.) Ranking of the parties are referred to as per their rankings before the trial court.

(3.) Brief facts of the case are as follows: Plaint: It is stated by the plaintiff that defendant No.1 - K.Sarojammal and defendant No.7 - K.Kaveri @ Kannambal are the wives of late M.Krishnappa @ M.Krishnamurthy. The defendant Nos.2 and 3 are the sons and defendant Nos.4 to 6 are the daughters of M.Krishnappa through his first wife - K. Sarojammal. Defendant Nos.8 and 9 are the sons and defendant Nos.10 and 11 are the daughters of M.Krishnappa through his second wife - Kaveri @ Kannambal. It is further case of the plaintiff that said M.Krishnappa had executed a Will dtd. 6/3/1996 and that is revoked subsequently by second Will dtd. 16/2/2001. In the first Will dtd. 6/3/1996 only the sons were bequeathed properties and after advent of amendment of the Hindu Succession Act, 1956, he has executed a second Will dtd. 16/2/2001 in favour of the sons and daughters of two wives. It is further contention of the plaintiff that he has cancelled the second Will dtd. 16/2/2001 and executed third Will dtd. 15/6/2001 bequeathing properties only to sons. Therefore, it is the case of the plaintiff that the third Will executed is contrary to the intention of the testator. Therefore, the third Will is a created one and prepared by defendant No.8, who is an Advocate and he has played a dominant role in preparing the same. It does not have proof of intention of the testator M.Krishnappa but he managed to get execution of the disputed Will dtd. 15/6/2001 by duping the legitimate rights of daughters. Hence, the plaintiff has filed the suit for declaration to declare that Will dtd. 15/6/2001 is not binding on the plaintiff and claimed for 1/7th share in the suit schedule properties and to declare that the plaintiff is entitled to mesne profits. Written Statement: