SARALADEVI, D/O SUKUMAR POOJARY Vs. MR. PATRIC AUGUSTINE DSOUZA, S/O CAMIL DSOUZA

JUDGEMENT

(1.) THE legality and correctness of the judgment and decree passed by the Principal Civil Judge, (Sr. Dn.), Mangalore dt. 20th September 2006 passed In O.S. No. 125/95 Is called In question In this appeal.

(2.) THE Appellant was Plaintiff In the suit. The Respondent was the Defendant before the court below.

(3.) THE Defendant contested the suit. He admits that the plaint schedule property was purchased by him along with Radhabai Krishna Bhat and he further admits Radhabai Krishna Bhat had 1/2 share in the property. He also admitted that the mother of the Plaintiff was married to a Hindu and he further stated that the Defendant is the son of the sister of Smt. Lizza Pals, the mother of the Plaintiff, He denied that after the death of Plaintiff's mother, she has Inherited to the 1/2 share. According to him, Lizza pals, the mother of the Plaintiff had bequeathed her half share in his favour in the plaint schedule property under a registered will dt. 7.5.1980 and after the death of the Plaintiff's mother he obtained a probate in P& SC No. 46/95 on 18.9.1996 from the III Addl. District Judge, Mangalore and he has been in possession of the property as an absolute owner. Therefore, he requested the court to dismiss the suit.