S B ITTIGI Vs. S V SULOCHANA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 27-1-2001 in O. S. No. 6752/1993 passed by VI Additional City Civil judge, Bangalore City, declaring that the first respondent is entitled for grant of letter of administration of will dated 14-4-1983.

(2.) FOR convenience, the parties are referred as per their ranking before the Trial Court. The facts in brief are as under:

(3.) ONE Sri Parappa Kalligud, an Ex-M. L. A. of Bagalkot, is the husband of deceased defendant Smt. Basannavva. Plaintiff contends, that she is a close and intimate companion and well-wisher of Sri Parappa Kalligud. Plaintiff further contends, that whenever Sri parappa Kalligud comes to Bangalore he used to camp in the house of the plaintiff. Sri Parappa Kalligud had both movable and immovable properties at Bagalkot and Bangalore. Plaintiff contends, that on 14-4-1983 Sri Parappa Kalligud (referred to as testator) executed an unregistered will bequeathing plaint A schedule properties in favour of his wife -The defendant and plaint B schedule properties in favour of plaintiff. The testator died on 3-4-1985 and he had no issues. After the demise of testator the plaintiff being legatee under the will filed a petition under Section 276 of the Indian Succession Act for grant of letters of administration in respect of plaint B schedule properties.