Judgement

RAMASWAMI, J. : This appeal is brought by certificate on behalf of the plaintiff from the judgment of the High Court of Andhra Pradesh in Appeal Suit No. 554 of 1959 dated August 22, 1963.

2. One, Gorantla Thataiah, as the sole plaintiff, filed O. S. No 2 of 1957 in the court of the Subordinate Judge. Bapatla for possession of certain properties which had been left by Gorantla Veeriah when he died issueless on June 24. 1939. Originally there were ten defendants in the suit. Defendant No. 1 is the maternal uncle of Veeriah and Defendant No. 2 and Defendant No. 3 are the sons of Defendant No 1. Defendants Nos. 4 to 8 were the alienees from Defendant No. 1 s family. Defendants Nos. 7 9 and 10 did not contest the suit. Defendant No. 8 died in the course of the suit and his legal representatives were added as Defendants 11 to 14. Defendants 1 to contested the suit on the ground that Defendant No. 1 became entitled to the properties of Veeriah under the will. Ex. B-4 dated June 17, 1939 which Veeriah executed in his favour. It was contended in the alternative that at the time when the reversion opened on the death of Veeriah s another Rattamma on October 1, 1956. Defendant No. 1