JUDGMENT

S.B. SINHA, J.—

1.Florine D’ Souza executed a will on or about 06.05.1992. She had two daughters Olivia and Olympia. Both of them had become nuns. The 1st daughter Olivia died in 1975. The 2nd daughter Olympia died on 27.09.1993.

2.Appellant herein was one of the beneficiaries of the will. He was, however, not in any way related to the testatrix. The testatrix was owner of the following properties which were subject-matter of the said will :

“‘A’ SCHEDULE

xxx xxx xxx xxx

Property situated in Talipady Village, Mangalore Taluk, Mulki Sub-Division D.K. bearing following particulars :

S.S.D. No.KissamExtentAssessment

No.A.C.Rs.P.s123- 1A1B (P)Garden0 - 16

BOUNDARIES :

East:Property allotted to ‘B’ Schedule belongs to the Same sub-Division.

South:Portion of Sy. No. 123/1A1A

West:Portion of Sy. No. 123/1A1A

North :Sy Line

With tiled house bearing No. 8 87, with all mamool and easementary rights with all appurtenants and also all the movables belonging to me.”

“‘B’ SCHEDULE’

xxx xxx xxx xxx

Property situation in Thalipady Village, Mulki S.D. Mangalore Taluk, D.K. Bearing following p