Judgment

PALEKAR, J. :- This appeal is from the judgment and decree of the Mysore High Court in Regular first Appeal No. 73 of 1962 by which the decree passed by the Sub-Judge, South Kanara in Original Suit No. 53 of 1961 was reversed. The suit was for possession of immovable properties and mesne profits. The properties in suit which are situated in 3 villages of Karkala Taluk, namely, Irvathoor, Miyar and Nallur, belonged to one Shantiraja Kadamba. He died on 21-10-1958. The family was an Aliyasanthana family. But after the passing of the Hindu Succession Act, 1956, the children of his pre-deceased brothers became entitled to the inheritance as Shantiraja Kadamba did not leave behind either widow or a legitimate child. The plaintiffs are the children of the two deceased brothers Jinnappa Kadamba and Devaraja Kadamba. Their claim to the extensive property of Shantiraja was challenged by the five defendants. They claimed all the property in suit under a Will alleged to have been executed by Shantiraja on 10-3-1958 i.e. more than six months before his death. The plaintiffs alleged that the deceased Shantiraja had made no Will and had died intestate. They also alleged that the alleged