The

appellant

has

preferred

these

appeals

being

aggrieved by the impugned common judgment and decree

dated 29.10.2005 on the file of the learned II Additional District

& Sessions Judge, Dharwad ("the Trial Court" for short)

decreeing the suit O.S. No. 7/2002 and issuing the letter of

administration with copy of the Will dated 20.12.1999 while

dismissing the suit O.S. No. 3/2004.

2.

Parties are referred to as per their ranks before the Trial

Court as mentioned in O.S.No.7/2002.

3.

Brief facts of the case are that, the plaintiff filed P &

S.C.NO.7/2000 before the learned Principle District & Sessions

Judge, Dharwad, claiming issuance of letters of administration

in respect of the Will dated 20.12.1999 said to have executed

by Smt.Neelavva. It is contended that Neelavva Parappa

Huddar is the paternal aunt of the petitioner. Her husband

Channabasappa Chougale died about 15 years back leaving

behind his wife as his only legal heir. Neelavva had movable as

well as immovable properties in Honnapur village. The

petitioner had taken care of Smt.Neelavva after the death of

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her husband and out of love and affection Smt.Neelavva

executed the will dated 20.12.1999 in his favour bequeathing

both immovable and movable properties.

4.

It is stated that Neelavva died on 26.01.2000 at Prabhu

Nagar of Honnapur. The Will dated 20.12.1999 is the last Will

and the testament under which the properties were bequeathed

in favour of petitioner. Therefore the petitioner claimed

issuance of letters of administration in his favourl.

5.

The schedule appended to the petition describes R.S.No.2

measuring 3.30 acres, R.S.No.3 measuring 0.19 acres and

house property bearing No.212 of Honnapur village. It also

describes eight fixed deposits and three bank accounts

pertaining to the testator Smt.Neelavva.

6.

The defendant had appeared in the P & S.C., and

objected for issuance of letters of administration. It is

contended that the Will alleged by the petitioner is concocted

one. Smt.Neelavva never bequeathed her properties in favour

of the petitioner. The father of Smt.Neelavva by name Parappa

Huddar purchased some of the lands at Malali village, Hukkeri

Taluk. The same were submerged while construction of

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Rajalakamanagouda Reservoir. The villagers were evacuated

and rehabilitated at Honnapur village of Dharwad Taluk. The

Special land Acquisition Officer Hidkal Dam Project granted

agricultural lands in question to deceased Smt.Neelavva in the

year 1975. Thus Smt.Neelavva started residing in Honnapur

village since the year 1975.

7.

Respondent/defendant contended that he also originally

belonged to Majali village of Hukkeri Taluk and while

construction of Rajalakamanagouda Reservoir his lands were

also submerged and he was rehabilitated at Prabhu Nagar in

Khanapur taluk. Prior to submerge of the lands, the father of

the respondent, Irabasappa was looking after the agricultural

lands of deceased Smt.Neelavva, since she was living alone,

without any support.

8.

It is stated that when the family of the respondent shifted

to Prabhu Nagara village in Khanapur taluk, Smt.Neelavva

approached his father and asked him to assist her in cultivating

the lands. Accordingly, the father of the respondent started

cultivating the lands in question. He developed the lands by

investing men and money. The father of the respondent died

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about 11 years back and ever since then, it was the respondent

who was looking after Smt.Neelavva and was cultivating the

lands. She had great love and affection towards the respondent

and executed the last Will and testament dated 12.08.1999

bequeathing the agricultural properties in favour of the

respondent. The Will in question was handed over to the

respondent by testator Smt.Neelavva herself, few days earlier

to her death and asked him to mutate his name in the revenue

records. She died in a suspicious manner on 26.01.2000. One

Parappa Ramappa Sanadi carried her to Aravatagi village on his

Bajaj-M80 motorcycle and wi