PUTTEGOWDA Vs. THIMMAJAMMA

JUDGEMENT

(1.) THE appellant-plaintiff has filed the present second appeal under Section 100 of the CPC challenging the judgment and decree dated 14-11-1991 passed in R. A. No. 49/1990 by the Civil Judge, Hunsur, dismissing the appeal filed by the plaintiff and confirming the judgment and decree dated 23-6-1990 passed by the Munsiff, K. R. Nagar, in O. S. No. 137/1983.

(2.) ). The appellant-plaintiff filed the suit for partition and separate possession of the suit properties. Plaintiff Puttegowda (present appellant), second defendant Ramegowda (present R-2), third defendant Chikkegowda (present R-3) and 9 daughters of whom fourth defendant Kalamma is one of the daughters are the children of one Chikkegowda who died on 23-3-1981. On 11-11-1965 the present appellant-plaintiff executed a registered release deed Ex. D-1 after taking his share. Third defendant Chikkegowda also executed the release deed Ex. D-2 after taking his share. Father Chikkegowda had a share in the suit properties. He executed a registered Will Ex. D-6 dated 23-4-1980 bequeathing his share (suit properties) in favour of the third defendant.

(3.) IN paragraph 4 of the plaint, the appellant-plaintiff has adverted to the Will and has contended that his father was not in a sound and disposing state of mind when he executed the Will and has claimed 1/3 share in the suit properties.