( 1 ) - The only point that arises for consideration in this Miscellaneous Second Appeal is -"whether the bequest under the will executed by Guruvappa on 23/01/1931 was in favour of K. Babu Rao, Jaka Bai, Vasudeva Rao and Seethu or was it in favour of the entire Kavaru of Seethu with the incidents of law of Aliyasanthana?".

( 2 ) ON 22-1-1931 one Guruvappa resident of Kodialbail village within the limits of Mangalore town executed a will Ex. P-1 bequething his movable and immovable properties. In Ex. P-1, he states that he is a retired Sharaff of Imperial Bank and a person following Aliyasanthana System of Law, that he has not derived any benefit from his Aliyasanthana family and that the properties that are subject-matter of the will were all his self-acquisitions and that he has been enjoying the same as such. He cancels an earlier will executed by him on 12-11-1991 and stipulates that his son Ram Mohan by his deceased first wife and his Aliyasanthana heirs are not entitled to inherit any of his properties. After stating so, he bequethes the properties described under the will Ex. P-1 to his second wife Seethu, his children by her, namely, Jaka Bai, Babu Rao, Vasud