NARAYANAMMA Vs. MAYAMMA

JUDGEMENT

(1.) THE first plaintiff, daughter of one Muni Chowdappa and the second and third plaintiffs, her sons and grandsons of said Muni Chowdappa have preferred this second appeal against the judgment and decree of the Courts below wherein their suit for declaration and injunction was dismissed on the ground that they are the only legatees under the Will executed by the aforesaid muni Chowdappa, and that Muni Chowdappa had 3 daughters and the first plaintiff is the last daughter.

(2.) IT is claimed that on 20-4-1987 there was a registered Will executed by Muni Chowdappa in favour of the first plaintiff and her two sons, the 2nd and 3rd plaintiffs bequeathing his entire property in their favour to the exclusion of both other daughters.

(3.) THE Will was denied by the defendants raising a contention that Muni Chowdappa was not in a sound disposing state of mind and body. He was sufficiently old and sickly person. It was contended that Muni Chowdappa was not competent to Will away specified items of properties of joint family consisting of his three younger brothers.