JUDGMENT :

Sreenivas Harish Kumar, J.

The Prl. Sr. Civil Judge, Ballari, by her judgment dated 29.04.2014, partly decreed the suit O.S. No. 404/2007, granting 1/3rd share to the plaintiff in ‘A’ schedule property while dismissing it in respect of ‘B’ and ‘C’ schedule properties. The first defendant is in appeal as he is aggrieved by the decree in respect of ‘A’ schedule property.

2. The material facts are:

The plaintiff, the first defendant and one Sukh Raj, the deceased, are all sons of Bhaktawarmal, who executed a Will on 03.04.1982 giving life interest to his wife, Sundar Bai in ‘A’ schedule property which is a residential building bearing Nos.148(1), (2), (3) and (4) situate in Ward No.3, T.S. No. 53, 54, 55 and 56 of block no.1, Tank Bund Road, Ballari. The will directed that after the death of Sundar Bai, Bhaktawarmal’s three sons should enjoy the property in equal rights till their lifetime and thereafter, the entire property should go to the grandchildren. On 03.04.1982, Bhatawarmal executed another will in favour of defendant no.1 in respect of a property bearing door no. 10/3 in Car Street. Bhaktawarmal died on 13.03.1983. Sundar Bai enjoyed ‘A’ schedule property till her dea