Judgment

RAMASWAMI, J. : This appeal is brought on behalf of the defendant against the judgment and decree of the High Court of Andhra Pradesh dated December 16, 1958 in A. S. No. 284 of 1954 whereby it reversed the judgment and decree of the Court of Subordinate Judge, Vijayawada in O. S. No. 171, of 1950.

2. In the suit which is the subject-matter of this appeal the plaintiff alleged that he was duly adopted by the defendant - the widow of Lakshmayya - and therefore entitled to properties mentioned in Schs. A and B of the plaint. The plaintiff also asserted that, apart from his right as an adopted son, he was entitled to the properties claimed as a persona designata under the will dated November 30, 1946 - Ex. B-1 executed by Lakshmayya. The suit was contested by the defendant who alleged that the plaintiff was not adopted as the son of Lakshmayya. The trial court rejected the case of the plaintiffs that he was adopted by the widow after the death of Lakshmayya. The trial court further held that the plaintiff was not entitled to any rights under the will as a persona designata. The trial Court accordingly dismissed the suit. On appeal by the plaintiff the High Court confirmed the f