( 1 ) THIS Appeal Suit is directed against the judgment and decree, dated 20-04-1996, in o. S. No. 17 of 1989, passed by the subordinate Judge at Rajampet, Cuddapah district.

( 2 ) THE unsuccessful plaintiff is the appellant herein. The suit was filed for declaration of right and title of the plaintiff and the fifth defendant over plaint A and B schedule properties, for delivery of possession thereof after evicting the defendants 1 to 4 and for mesne profits.

( 3 ) FOR the sake of convenience, the parties will be referred to as arrayed in the suit.

( 4 ) THE suit was originally instituted by one sridharam Venkataramaiah, who died during the pendency of the trial. Hence, the second plaintiff came on record as legatee of the deceased first plaintiff through a Will, dated 17-04-1989, and continued the suit and consequently, the plaint was also amended. Inasmuch as the original plaintiff died, the averments made in the original plaint are of not much significant and since the second plaintiff who stepped into the shoes of the deceased first plaintiff as legatee, the averments made in the amended plaint that are more relevant, in brief, are as under.

( 5 ) THE mother o