CAV JUDGMENT

This Regular First Appeal is filed challenging the judgment and decree dated 20.09.2008 at Annexure-A and A1 passed in O.S.No.472/2006 by the Civil Judge (Sr. Dn.) and JMFC, Devanahalli.

2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respective respondents.

3. The factual matrix of the case of the plaintiff/appellant before the Trial Court that he is the propounder of registered last Will and testament dated 27.03.1993 which is marked as Ex.P8 executed by his paternal grandfather Doddahanumappa. The executant passed away on 14.02.1994. Based on the said Will, mutation and RTC came to be transferred by the revenue authorities into the name of the propounder in the year 1995-96. When the respondents confronted with the right and title of the appellant over the suit schedule property in the year 2004, he was forced to file a suit in O.S.No.85/2004 against the respondents before the Principal Civil Judge (Sr. Dn.), Bangalore Rural District, Bangalore for the relief of declaration and perpetual injunction in respect of suit schedule property. It is his case that the suit schedule property was the self acquired property of the