The captioned regular second appeal is filed by

unsuccessful

plaintiff

who

is

questioning

the

concurrent judgment and decree of the Courts below,

wherein the suit filed by the appellant-plaintiff seeking

relief of declaration on the basis of the Will dated

02.02.2004 is negatived by both the Courts below and

consequently suit is dismissed.

Facts leading to the above said matter are

as follows:

The appellant-plaintiff claims that his brother

Ramachandra was the absolute owner of the suit

property and out of love and affection he has

bequeathed the suit property under a Will dated

02.02.2004. The appellant-plaintiff has specifically

pleaded that insofar as ancestral properties are

concerned there was already partition. After severance

in the family, they have jointly purchased the land in

Sy.No.32/5 measuring 4 acres 15 guntas by equally

4

contributing which is subject matter of present suit.

The appellant-plaintiff contends that since he has

contributed to purchase the suit property, he has half

share. Whereas the deceased Ramachandra was

owner to the extent of half share and it was his self

acquired property.

The

appellant-plaintiff

further

contended that pursuant to the Will dated