This appeal is filed by the appellant/plaintiff for

setting aside the judgment and decree passed by the trial

court in O.S.No.5116/2005 on the file of V Additional City

Civil and Sessions Judge, Bangalore dated 15.2.2018 for

having dismissed the suit.

2. Heard the arguments of learned counsel for

appellant and the learned counsel for the legal heirs of the

respondent deceased remained absent.

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3. For the sake of convenience, the parties in this

appeal shall be referred to, in terms of their status and

ranking before the Trial Court.

4. The case of the plaintiff before trial court is that

plaintiff filed the suit for declaration to declare the plaintiff

as absolute owner of the scheduled property and to

declare the Will dated 01.12.1994 executed by the late

Rudrappa in favour of defendant, as concocted, fraudulent

Will and not binding on the plaintiff. Also seeking

permanent injunction, restoring the defendant from

interfering from the peaceful possession of the said

immovable property bearing No.69/1, III Main road, New

Tharagapet Bangalore, measuring 75 feet x 7½ feet

bounded on East by : B.Lakshmaiah setty's Mandi, West

by road, North by : S.M. Puttappa & Sons, South by

Nanjundappa and Son (hereinafter referred as the suit

schedule property). The further case of the plaintiff is that

the defendant is elder sister of the plaintiff. The Father-

Rudrappa was married to Smt. Ammayamma and they had

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daughters namely Sharadamma, Nagarathnamma and

Smt. R. Umadevi and only one son Mugavalappa i.,e

plaintiff/present appellant. Late Rudrappa and brother

Nanjundappa

were

living

in

a

joint

family

and

Nanjundappa said to have died in the year 1978.

Subsequently on 24.11.1978 late Rudrappa effected the

partition with his brother's children vide a registered

partition deed. As per the partition deed, late Rudrappa

was allotted half share of the new Tharagupet property of

a house at Hoskote and a house at Rajajinagar. A shop

premises measuring 75 x 7½ feet situated at new

Tharagupet originally belonged to joint family of late father

Rudrappa. The said property was allotted to the share of

the plaintiff and his father late Rudrappa. The plaintiff and

his father were running a business in the said property at

Tharagupet shop i.e., the suit schedule property. Late

Rudrappa, the father of the plaintiff effected a partition of

the out houses at No.680 Rajajinagar, residential building

and Hoskote which were allotted to the share of the

plaintiff. The father of the plaintiff late Rudrappa died on

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24.12.1994 and he has executed Will on 11.05.1994

bequeathing the first floor house to the plaintiff. Thereby

plaintiff became owner of the house. Subsequently, his

mother Ammaiyamma executed registered Will dated

17.08.1997, where she has confirmed the Will executed by

her husband. Hence, by virtue of the record of the

partition deed dated 25.8.1992 and the Will dated

11.5.1994 and 17.09.1997, the plaintiff became the

absolute owner of the complete house at Rajajinagar and

the suit schedule shop premises. The plaintiff and his

father were running a firm by name Rudrappa and Co., in

the suit schedule property till the year 1993 to 1994.

Later they were allotted a shop in the RMC Yard,

Yeshwanthpur and they shifted their part of the business

there. The back portion of the schedule property was

rented out to one Munishamappa a flower merchant for

using the godown for storing the baskets. Later, the

plaintiff shifted his complete business to the RMC Yard,

after the death of his father in the year 1994. The plaintiff

rented out the front portion to one Nayyar to run a small

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canteen there, so the plaintiff was in exclusive possession

of the property from 1978 onwards. The tenants had

vacated the property and plaintiff was in possession.

Learned counsel submits except plaintiff, no one has right

over the property. Out of sentiment, plaintiff did not get

the khatha transferred to his name and it