RSA No.42 of 2005 and RSA No.43 of 2005 arise from a common Judgment and Decree dated 28.09.2004 rendered by the learned Civil Judge (Sr. Dn.) Hukkeri in Respondents’ R.A. No.12 of 1998 and R.A.No.13 of 1998, reversing the common Judgments and decrees dated 24.01.1998 passed by the learned Civil Judge (Jr. Dn.) Hukkeri who had decreed Appellants’ suit for declaration and injunction in O.S. No.376 of 1989 and decreeing respondents’ suit for injunction in O.S. No.401 of 1989.

2. Appellants’ suit in O.S.No.376 of 1989 and Respondents’ suit in O.S.No.401 of 1989 were clubbed and tried together by the Trial Court which had decreed the former and dismissed the later by a common Judgment and decree. Appellants had filed R.A. No. 12/1998 aggrieved by decreeing of Respondents’ O.S.No.401/1989. Respondents had filed R.A.No.13/1998 aggrieved by the decreeing of Appellants suit in O.S.No.376/1989. Since the original suits were clubbed together and also decided since the Regular Appeals were also clubbed toghert and decided, the present Second Appeals too are taken together for hearing and disposal by a common Judgment and decree as desired by the counsel on either side.

I. Brief facts in these Regular Second Appeals :

Parappa (died in 1938)
Gangavva (Wife) (Plaintiff No.1 died during pendency of suit)
Mallappa (Adopted son by Gangavva (1940 Adoption) Died in 1961	Adiveppa Siddappa (Claims on the basis of Will alleged to be executed by Mallappa in 1960)
	Siddappa (Def. No.1)
Irawwa (Wife) of Mallappa Plaintiff No.2
Kallawa (Wife) Defendant No.2	Basavaraj (Def.No.3)
	Mallappa (Def. No.4)

(b) One Sri. Parappa Payannavar the propositus died in or around 1938 leaving behind his widow Smt. Gangavva who succeeded to the estate of the deceased i.e. the suit properties comprising of 1 acre 23 guntas of agricultural land, a house building and an open space all situate at Karaguppi village.

(c) Since the propositus Parappa died issueless, his widow Smt. Gangavva adopted one Mr. Mallappa S/o. Basavantappa Ankalgi in or around 1940. This adopted son Mallappa too died issueless on 03.05.1961 leaving behind his widow Smt. Iravva. It is averred in the plaint that Smt. Gangavva as mother and Smt. Iravva as widow succeeded to the estate of the said Mallappa.

(d) Adopted son Mallappa’s brother Adiveppa had clandestinely got M.E.No.2580 certified in his name affecting the suit property by fabricating the Will of Mallappa, keeping Smt. Gangavva and Smt. Iravva in darkness. His another brother Siddappa too was hand in glow with Adiveppa to knock off the suit properties from these two helpless widows and therefore, they filed O.S.No.47/1984 on 05.06.1984 for declaration and injunction, which later came to be renumbered as O.S.No.376/1989.

(e) After notice the Defendants namely Mallappa’s brother Siddappa Ankalgi and Mallappa’s sister-in-law namely Smt. Kallavva W/o Adiveppa, Basavaraj & Mallappa both sons of Adiveppa, entered appearance through their counsel and filed a Written Statement resisting the suit claim. They contended that : Defendant No.1 is the brother of aforesaid adopted son Mallappa, Defendant No.2 is widow of Mallappa’s brother Adiveppa and Defendant Nos.3 & 4 are the sons of said Adiveppa.

(f) They further contended that Basavantappa Ankalgi had three sons namely, aforesaid Mallappa, Adiveppa and Siddappa who had constituted a joint Hindu family which was in the occupation of the suit lands as protected tenants. Adopted son Mallappa had bequeathed the suit property to the eldest brother Adiveppa by a registered Will dated 15.09.1960. The said Adiveppa died in the year 1980 and Defendant Nos.2 to 4 have succeeded to the estate of Adiveppa as his legal representatives who continued in the possession of the suit properties.

(g) The Defendants