Defendants 1 to 3 in O.S.No.193/1993 have filed this regular first appeal under Section 96 of the Code of Civil Procedure, challenging the judgment and decree dated 12th December 2003, passed by the learned III Additional Civil Judge (Sr.Dn.), Belgaum, thereby decreeing the suit filed by the plaintiffs-respondents 1 and 2 herein. Respondent No.1Vanamala having died, her LR’s have come on record during the pendency of this appeal as respondents 1(a) to 1(c).

2. For the sake of convenience the parties are referred to by their rank in the trial Court.

3. Plaintiffs instituted the suit seeking relief of declaration that they were absolute owners in actual possession of suit properties. They also sought for a consequential relief of permanent injunction. The suit properties consist of agricultural lands bearing Sy.Nos.592/1, 329/2 and 105/1/1, measuring 1 acres 31 guntas, 026 guntas and 01708 annas respectively. All these lands are situated at Anagol village, outskirt of Belgaum city.

4. Facts leading to the case briefly stated are that, originally suit properties were owned by grandfather of the plaintiffs by name Malasaraj Kallappa Patil. He died in the year 1961. He left behind his widow-Padmawwa, three sons by name Nagappa, Shripal and Tavanappa and a daughter by name Gangubai. He had one more son by name Kallappa, who was given in adoption. The present plaintiffs are the daughters of Shripal Patil. Whereas, defendant No.1 Tavanappa is the brother of Srhipal and second defendant Sumitra is the wife of Tavanappa Patil. Defendant No.3Kum.Padmaraj is the son of defendant No.1 Tavanappa.

5. Father of plaintiffs-Shripal had filed a suit in O.S.No.84/1968 against his mother, brothers and sisters. The said suit was decreed. In final decree proceedings the suit schedule properties were allotted to the share of Shripal-father of plaintiffs. As a result, name of Shripal came to be entered in the revenue records in respect of suit properties. After the death of Padmawwa-wife of propositus Malasaraj Kallappa Patil, father of plaintiffs Shripal instituted another suit in O.S.No.106/1979 claiming his share in the properties that had fallen to the share of his mother Padmawwa. The said suit was also decreed on 27.01.1983. This decree was confirmed ultimately by the High Court.

6. Shripal-father of plaintiffs died on 01.01.1992 leaving behind plaintiffs 1 and 2 as his sole legal heirs. Plaintiffs gave a varadi to the Tahasildar, Belgaum, requesting to enter their names in the revenue records in respect of suit properties. The first defendant Tavanappa-brother of deceased Shripal also made an application asserting that Shripal had left behind a Will bequeathing the suit properties in favour of defendant No.3Padmaraj. The Deputy Tahasildar, Belgaum, rejected the application filed by plaintiffs and ordered to enter the names of defendants 2 and 3, vide his order dated 10.12.1992 on the strength of the alleged Will dated 03.12.1991 said to have been executed by Shripal-father of the plaintiffs. This was challenged by plaintiffs by filing an appeal before the Assistant Commissioner, Belgaum, under Section 136 (2) of Karnataka Land Revenue Act. The Assistant Commissioner passed an order on 13.07.1993 directing both parties to approach Civil Court to establish their title over the suit properties.

7. It is in this background, plaintiffs instituted the present suit seeking the relief of declaration of their title and for permanent injunction. The defendants contested the suit by filing written statement. The written statement filed by first defendant was adopted by defendants 2 and 3. They urged that deceased Shripal was residing alone. Plaintiffs never resided with him. Shripal had no love and affection towards his wife and children. It was the defendants who looked after him until he died: out of love and affection deceased Shripal had executed a Will bequeathing his half portion in the suit properties in favour of third defendant-Padmaraj. Ther