The burden of proof lies with the propounder of a will to dispel any suspicious circumstances surrounding its execution, necessitating judicial satisfaction regarding the will's authenticity.

CAV JUDGMENT

Challenging judgment and decree dated 05.07.2025 passed by VII Additional District and Sessions Judge, Mysuru, (Sitting at Hunsur), in R.A.no.190/2022 and judgment and decree dated 28.02.2022 passed by Additional Senior Civil Judge and J.M.F.C., Hunsur, in OS no.51/2018, this appeal is filed.

2. Though matter was listed for admission, since records were received and both learned counsel consented for final disposal of appeal on substantial question of law proposed, matter was heard affording opportunity to both counsel.

3. Sri G. Balakrishna Shastry, learned counsel for appellant submitted that appeal was by plaintiff in OS no.51/2018 filed seeking for declaration of plaintiff as absolute owner and for permanent injunction restraining defendant from interfering with plaintiff’s possession and enjoyment of dry land bearing Sy.no.169/1 measuring 02 Acres 22 guntas out of 03 Acres 28 guntas of Maradur village, Kasaba Hobli, Hunsur Taluk (‘Suit Property’, for short).

4. In plaint, it was stated that one Sannaiah @ Kengaiah of Somanahalli left behind two sons by name Javaraiah and Purle Javaraiah, who had also since died. It was stated late Javaraiah left behind three children namely Smt.Thimmamma, Smt.Varanandamma and plaintiff - Sri Vykuntaiah. Likewise, late Purle Javaraiah left behind only daughter Smt.Varanandamma, who was married to Shivaiah, but both had later died.

5. It was stated, amongst other properties of late Sannaiah, extent of 03 Acres 30 guntas of land in Sy.no.169/1 belonged to Javaraiah. Out of same, extent of 02 Acres 22 guntas was mutated in name of Smt.Varanandamma D/o Purle Javaraiah as per family settlement. However, as she was unable to cultivate it, plaintiff was cultivating it even as on date of suit. It was stated that Smt.Varanandamma died on 20.10.2017. And he performed her obsequies. And while searching in records, plaintiff found registered Will dated 19.10.2017 executed by Smt.Varanandamma bequeathing suit property in favour of plaintiff. For having his name mutated on basis of Will, plaintiff obtained revenue records, but, found entry of name of defendant, even though he was not a relative of Smt.Varanandamma. On enquiry, he found out that defendant was working as Assistant to one HR Jagadeesh, a Deed Writer at Hunsur. In connivance with him, defendant had managed to create false and fictitious documents to wrest title over suit property. It was stated that taking undue advantage of illiteracy of Smt.Varanandamma, defendant had got created another false and fictitious Will, as if she had bequeathed suit property in his favour.

6. On enquiry, defendant not only threatened plaintiff, but also disputed his title over suit property. Though plaintiff approached revenue authorities, they did not consider his claims. Therefore, he filed suit.

7. On entering appearance, defendant filed written statement denying plaint averments in toto and specifically denying relationship with plaintiff as brother and sister. Tracing lineage to one Sannahaida, as propositus, it was submitted, he married Manchamma and had two children, Doddahaida and Kalaiah, among whom, Doddahaida and his wife Smt.Cheluvamma had died leaving behind defendants i.e., Tharunaiah, Javaraiah and Bundaiah. Tharunaiah and his wife Smt.Kallamma did not have any children, while Javaraiah had two wives by name Manchamma and Devamma. And that Devamma bore three children - Thimmamma, Varanandamma and plaintiff – Vykuntaiah, while Manchamma did not have children. Further, third son - Bundaiah and his wife Halamma died leaving behind eight children namely, Chaluvi, Vairaiah, Varanandamma, Thimmaiah, Shivaiah, Chaluvaiah, Puttaiah and Narayana.

8. It was further stated, second son of Sannahaida i.e., Kalaiah and his wife Thimmamma died leaving behind two sons – Sannsannaiah @ Kengaiah and Bundaiah @ Mannaiah, wherein, Sannsannaiah and his wife Puttamma died leaving behind four sons - Javaraiah @ Javara, Sannaiah, Avannappa and Papaiah, while Bundai