P KRISHNA BHATTA Vs. NARAYANA BHATTA

JUDGEMENT

(1.) The plaintiff in O.S. No. 242 of 1952 of the court of the Subordinate Judge of South Kanara Is the appellant before us. He and the 3rd defendant are the sons of one Venkataramana Bhatta who is now no more, by his first wife Laxmi. Venkataramana Bhatta had another wife, Hon' namma, and a son by her, Shankernarayana.

(2.) Venkataramana Bhatta is the son of one Ramaya Bhatta and his wife Santamma. Ramaya Bhatta executed a registered will, Ext. A-1 dated 1-2-1916, and died thereafter. According to the plaintiff and the 3rd defendant they obtain o by the will absolute rights in the property of which redemption is sought in the suit.

(3.) According to the 1st and 2nd defendants they did not do so. Their contention has been accepted by the court below and the suit dismissed with costs.