KANNAN Vs. C. VELAYUDHAN AND ORS.

JUDGEMENT

(1.) THE defendant in O.S. No. 57/2006, has filed this second appeal, assailing the judgment and decree passed in R.A. No. 58/2012, by the First Fast Track Court at Shimoga, dated 04/04/2013, by which, the judgment and decree passed by the II Addl. Senior Civil Judge at Shimoga, in O.S. No. 57/2006 dated 03/01/2012 has been affirmed.

(2.) FOR the sake of convenience, the parties shall be referred to in terms of their status before the trial Court.

(3.) THAT on 04/06/1990, their mother Chinnammal had executed a registered Will by which, she had divided the suit schedule properties into four equal parts and bequeathed the same to her four sons. This was done in order to maintain peace in the family. That since the year 1990, plaintiffs and defendants had been enjoying their respective 1/4th share in the suit schedule properties separately. That the family house was in a garden land where Chinnammal resided till her death i.e., 10/09/2003. After the death of Chinnammal, plaintiffs approached the defendant for division of the properties and for transfer of their respective shares. But the defendant initially advised the plaintiffs to remain quiet till the clearance of certain bank loans and not to make such demands. But the plaintiffs came to know that the defendant had got his name mutated in the revenue records and obtained RTC extracts to that effect. This was on the basis of the registered Will dated 21/11/2000 said to have been executed by Chinnammal, the mother. According to the plaintiffs, no such Will was executed by her. But the said Will dated 21/11/2000 was a fabricated and concocted document. That the properties had to be divided in terms of the earlier Will dated 4/6/1990, which was a registered Will executed by the mother, Chinnammal. On coming to know of these developments, the plaintiffs demanded from the defendant division of the properties. But when the same was refused, they filed the suit.