Jagannatha Shetty, J. - (1.) This appeal by the defendants has been preferred against the judgment and decree dt. Aug. 14, 1972 of the Civil Judge, Chitradurga in 0. S. No. 25 of 1964.
(2.) The facts so far as relevant may briefly be stated as follows: Channabasamma - defendant-1 and Rudraiya - the plaintiff - were rival claimants to plaint A and B Schedule properties left behind by one Halaswami Each claimed to be the nearest agnatic heir of the deceased to the exclusion of the other,
(3.) To appreciate the controversy involved in this appeal, it will be useful to have before us the pedigree table which is as follows: T.M. (YAJAMAN) MURIGAPPA (Ist Wife) I (2nd Wife) Siddalingappa Siddappa Vearappa Gorupadappa Marv endrappa Tbirukappa (Dead long ago) (Dead long ago) (Dead long ago) (Dead long ago) (Dead long ago) (Dead long ago) died on 9p> 11-11-1929 Gurashanthappa (Dead long ago) Shandaksharalya Panahaksheratya Onkarappa Namasivayappa (Dead long ago) (Dead long ago) (Died on3O-8-1931) (Died on 11-10-1929) (Rannabasarnma-Ist Deft. died on (Basalingamma ) 24-9-1975) (Died on 14.-1-1945) T. M. Siddaradhya Rajashkeraiya (P. W. 1) Halaswamy (Died on Gangaroxna (Dead) Rudraiya Basalingappa (Daughter: Basaltngamms (Plaintiff) (Died long ago) Married to Onkaraiya) (Died on 25-12-1977) Nanjundaiya Sivanandaiya It will be observed there from that one T, M. Murigappa the common ancestor of the propositus had by his second.wife three sons, namely (1) Gurupadappp, (2) Murugendrappa and (3) Thirukappa. -Gurupadappa had no issues, while Murugendrappa had two sons, namely (1) Onkarappa and (2) Namasivayappa. The third son had also two sons namely (1) Rudraiya - the plaintiff and (2) Basslingappa. He had also a daughter called Gangamma whose daughter Basalingamma was married to Onkarappa and Halaswamy was the only son of Onkarappa and Basalingamma. He remained unmarried. Namasivayappa died issueless on Oct 11, 1929 leaving behind him his widow Channabasamma the Ist defendant; Onkarappa died on Aug. 30, 1931 leaving behind his widow - Basalinganima, and son - Halaswami. Basalingarnma died on Jan. 14, 1945 and Halaswami died issueless on Dec. 6, 1959, leaving behind the suit schs. A and B properties,;