Challenging the dismissal of their suit, the plaintiffs

in O.S.No.146/2011 on the file of I-Additional Senior Civil

Judge, Davangere have preferred this appeal.

Appellants were plaintiff Nos.1 and 2 and the

respondents were defendant Nos.1 to 3 before the trial

Court. For the purpose of convenience, the parties will be

referred to henceforth according to their ranks before the

trial Court.

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The case of the plaintiffs in brief is as follows:

(a)

Defendant No.3 is the wife of one K. Huchappa.

Huchappa had a son by name Ningappa. Nagamma was

the wife of said Ningappa. Ningappa, Nagamma and

Huchappa, predeceased Duggamma. Themselves and

defendant No.2 are the daughters and defendant No.1 is

son of Ningappa and Nagamma.

(b)

That Huchappa was working as Checking

Inspector in Davangere Municipality. Defendant No.3 had

no income of her own. Huchappa purchased all the suit

schedule properties in the name of Duggamma-defendant

No.3. Plaintiffs and defendant No.2 were all married and

residing in their matrimonial homes. Defendant No.2 after

the death of her husband on 20.08.2010, returned to her

parental house and has been residing with defendant No.1.

(c) Defendant No.1 taking undu