JUDGMENT

KAILASAM, J. :—This appeal arises by special leave granted by this Court against the judgment and decree dated December 29, 1971 by the High Court of Andhra Pradesh in L.P.A. No. 9 of 1971. The appellant in this Court is the plaintiff. He filed the Suit No. O.S. 3 of 1963 against the respondents for recovery of possession of the plaint schedule properties with past and future mesne profits.

2. One Dhara Suryanarayana and Nageswarudu were brothers and were members of a joint Hindu family. Suryanarayana died in 1896 leaving behind his widow Kutumbamma. The joint family owned 80 acres of wet land at the time of his death. Subsequently, Nageswarudu put Kutumbamma in possession of the suit schedule properties in lieu of her maintenance, in 1897. On September 29, 1956 Kutumbamma registered a will in favour of the appellant bequeathing him the suit lands and died in 1959. Negeswarudus son Venkata Subrahmanya Sastry issued a registered notice dated November 12, 1958 asserting that Kutumbamma was not entitled to the suit property absolutely. Kutumbamma replied denying the allegation. After the death of Kutumbamma, Venkata Subrahmanya Sastry issued a notice to the appellant. The appe