JUDGMENT :

1. These two appeals are filed against the judgment and decree dated 07.03.2012 passed in O.S. No.15823/1999 on the file of 28th Additional City Civil Judge, Mayo hall unit, Bengaluru.

2. RFA No.1228/2012 and R.F.A. No.986/2012 are filed by defendant No.1(b) and defendant No.1(a) respectively questioning the aforesaid judgment and decree passed in O.S. No.15823/1999 by the Court below in decreeing the said suit by declaring that the Will dated 30.06.1993 executed by late Thammaiah is null and void and that the plaintiffs, respondent Nos.1 to 3 herein, are entitled for partition and separate possession of their 3/4th share in the suit schedule property.

3. The brief facts of the case are that:

Plaintiffs in the plaint have contended that Sri B.S. Thammaiah had three daughters, namely, Smt. T.Rangamma, the mother of plaintiff No.1, Smt.T. Shanthamma (plaintiff No.2) and Smt.T. Shivamma (plaintiff No.3) and one son, namely, Sri T. Pillanna. The husband of defendant No.1(b) was the son of Sri Thammaiah, who died leaving behind defendant No.1(b) as well as Yogesh Govindaraju as his heirs. Defendant No.1 – Yogesh Govindaraju also died during the pendency of the suit leaving behind defendant No.1(a), his wife as well as his mother as his heirs. Sri Thammaiah was the absolute owner of the suit schedule property i.e., property bearing 6th No.46/2, 12th main road, 80 feet road, block, Rajajinagar, Bengaluru10. It is the case of the plaintiffs that Sri T. Pillanna, son of Thammaiah, after his marriage, left his father and started living with his wife and children and did not take care of his father Thammaiah. Plaintiff Nos.2 and 3 and the mother of plaintiff No.1, the daughters of Thammaiah being widows, looked after him during his old age. Thammaiah was living with his daughters in the property purchased by him. Thammaiah had executed a Will in respect of the suit schedule property. Thammaiah’s daughter/s started a factory under the name and style ‘Ganga Plastic Industries’. Thammaiah was also a partner of the said Factory. For establishment of the said factory, plaintiffs had raised loan from defendant No.2 – Karnataka State Financial Corporation (for short, ‘the KSFC’) and in that connection, the original documents of the suit schedule property were pledged to defendant No.2. Along with the said documents, original registered Will executed by Thammaiah was also produced before the second defendant. Under the said Will, Thammaiah bequeathed the suit schedule property equally among his children including his son Pillanna, even though he had neglected to maintain him. Thammaiah’s first daughter, namely, Smt. Rangamma, the mother of the first plaintiff, died on 13.02.1993. At that time, the first defendant and his father attended the funeral. After attending to the ceremonies of Smt. Rangamma, defendant No.1 took Thammaiah to his house and within a month of his second visit to the first defendant’s place Thammaiah breathed his last in the house of defendant No.1.

4. It is also stated in the plaint that the loan amount i.e., principal amount along with interest, which was taken by ‘Ganga Plastic Industries’ was repaid by the other partners except late Thammaiah. But, the original documents were with the second defendant. On 05.05.1999, the second defendant issued a notice to Smt. Gangambika and a copy of the same was sent to the plaintiffs. It is further stated that plaintiffs issued reply notice to the second defendant. After receipt of the notice from the second defendant, the plaintiffs came to know that the first defendant had got registered the Will from Thammaiah on 30.06.1993. The plaintiffs came to know that defendant No.1 had got changed the khata in his name suppressing the fact of the execution of the earlier Will by late Thammaiah and without intimating the same to daughters or other grandsons of Thammaiah. The plaintiffs along with their family members are residing in the suit schedule property. As per the Will exec