ORAL JUDGMENT

1. This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 21.01.2013 passed in R.A.No.232 of 2011 by the learned Additional District and Sessions Judge, Fast Track Court-V, Bangalore Rural District, Bangalore reversing the judgment and decree dated 01.07.2011 passed in O.S.No.68 of 2009 by the learned Senior Civil Judge and JMFC, Nelamangala.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the plaintiffs, and the respondents were the defendants.

3. Brief facts, leading rise to the filing of this appeal are as follows:

4. The plaintiffs filed a suit against the defendants for a relief of declaration and permanent injunction. It is the case of the plaintiffs that, the land bearing Survey No.199/1 measuring 39 guntas with a residential house measuring east-west 45 feet; north-south 35 feet and a foundation laid to an extent of portion measuring east-west 45 feet; north-south 35 feet; situated at Nelamangala, and a portion measuring 10 guntas in Survey No. 199/1 situated at Nelamangala, which are described as suit A schedule and suit B schedule properties. It is contended that the plaintiffs acquired the said property under a registered Will dated 31.01.1997 executed by B. Parvathappa. They have sought a relief to declare that the registered Will dated 24.01.1996 is not enforceable and bad in law. It is contended that land bearing Survey No. 199/1 totally measures 6 acres and 39 guntas and was the ancestral property vested with Erappa. The registered partition deed was effected between the sons of Erappa, a portion measuring 1 acre 36 guntas out of the said land fell to the share of V. Parvathappa, who is the elder son among the sons of Erappa. Out of the portion measuring 1 acre 36 guntas, 7 guntas was converted into non-agricultural purpose at the instance of said V. Parvathappa. The said property was gifted in favor of 'Kurubura Sangha Vidyarthi Nilaya', Nelamangala. The remaining portion continued with V. Parvathappa. During the lifetime of V. Parvathappa, he let out a portion which is abutting to the National Highway bye-pass road, in favor of Shobha Dhaba hotel on a rental basis. It is contended that during his lifetime, he was residing along with his brother's son by name Ramachandra Babu, his wife and children i.e., the plaintiff's and the said Ramachandra Babu was foster son to V.Parvathappa, he took care of Ramachandra from the age of 4 years and performed the marriage and they were living together.

5. V. Parvathappa executed a registered Will dated 31.01.1997 in favour of the plaintiffs. Thereafter, V. Parvathappa died on 23.08.1999. The last rituals of V. Parvathappa was performed by Ramchandra Babu through his son Shivakumar, i.e., plaintiff No. 2. The plaintiffs who are in physical possession and enjoyment of the suit schedule property, continued to be in possession and enjoyment of the same. Subsequent to the death of V. Parvathamma, the defendants started to claim a title over the suit schedule property on the guise of being registered Will dated 24.01.1996 alleged to have been executed by V. Parvathappa, registered in the office of Sub- Registrar, Indiranagar, Bengaluru which is alleged to be the first Will and based on the said Will the mutation entry was effected in their names although law does not permit to have mutation accepted based on the said Will. It is contended that the defendants tried to dispossess the plaintiffs from the suit schedule property. Hence, a cause of action arose for the plaintiffs to file a suit for a declaration of title and a permanent injunction. Accordingly, prays to decree the suit.

6. Defendants filed a written statement admitting that V.Parvathappa was the owner of the land bearing Survey No. 199/1 measuring to an extent of 1 acre 36 guntas, out of which 7 guntas was gifted to 'Kurubura Sangha Vidyarthi Nilaya'. During the lifetime of Parvathappa, he had authorize