TANGEWWA AND ORS. Vs. GOURAWWA AND ORS.

JUDGEMENT

(1.) PLAINTIFF and defendants in O.S. No. 12/2007 on the file of Civil Judge (Jr. Dn.), Bilagi, have come up in these two appeals. R.S.A. No. 5373/2013 is impugning the concurrent finding of both the Courts below in dismissing the suit of plaintiff for the relief of declaration with reference to suit schedule property which is confirmed by the lower appellate Court in R.A. No. 1/2012. Whereas R.S.A. No. 100137/2015 is by the defendants in O.S. No. 12/2007 in impugning the judgment and decree passed in R.A. No. 1/2012 in refusing to accept their contention that they have succeeded to the suit schedule property on the basis of the Will dated 13.05.1968 executed by deceased Ningappa who is the executant of the Will dated 13.05.1968 as well as on 31.03.1975.

(2.) BRIEF facts leading to the appeals are as under:

(3.) THE recitals of the second Will would disclose that the executant -Ningappa in all had three properties standing in his name, they are, (1) R.S. No. 223/2 + 3 measuring to an extent of 5 acres 17 guntas situated in Teggihalli village, Bilagi taluk, (2) R.S. No. 237/1, which totally measures 8 acres, in which, the share of Ningappa being 4 acres, is also situated in Teggihalli village, Bilagi taluk, and (3) land bearing R.S. No. 89/4 measuring totally 3 acres 36 guntas, in which, half share of the executant Ningappa being 1 acre 38 guntas. It is seen that in the second Will he has bequeathed these three properties in favour of the children of his two nephews, i.e., in respect of land sy. No. 233/2 + 3 measuring 5 acres 17 guntas was bequeathed in favour of Mallappa's children. So far as land bearing R.S. No. 237/1 to an extent of 4 acres of Teggihalli village, Bilagi taluk, and R.S. No. 89/4 measuring 1 acre 38 guntas of Balloor village, were bequeathed in favour of the children of Siddappa who is another nephew of executant Ningappa.