SULOCHANA Vs. HANAMANT

JUDGEMENT

(1.) These two appeals are preferred against the common judgment and decree passed by the District Judge, Bagalkot in R.A.Nos.129/2001 and 130/2001 dated 08.07.2004.

(2.) The brief facts leading to the appeals are as follows:

(3.) Original Suit No.248/1997 was filed by the aforesaid Santavva-the wife of late Mukundappa and her daughter Varewwa for declaration that the Will executed by Mukundappa in favour of defendant No.2, namely, Vitthal is outcome of fraud, undue influence and therefore the said Will is not binding on their share and for declaration that the suit schedule properties are the joint family properties and the plaintiffs are entitle to 2/3rd share therein. The other legal heirs of Mukundappa, who were arraigned as defendants No.1 to 4 resisted the suit and put forth a plea that the suit properties were the selfacquired properties of deceased Mukundappa. Mukundappa executed a Will on 22.06.1997 bequeathing the suit schedule properties to his grandson Vitthal (defendant No.2) and thus denied the right, title and interest of the plaintiffs over the suit schedule properties.