( 1 ) THREE suits being O. S. No. 165 of 1980, o. S. No. 35 of 1981 and O. S. No. 105 of 1981 were decided together by Prl. Subordinate judge, Ongole on 2-2-1996. Three appeals being A. S. No. 1313 of 1996, A. S. No. 1179 of 1999 and 2850 of 1996 were filed against the common judgment and decree of the trial court and they were decided together by a learned single Judge of this Court on 13-12-1999. Hence these L. P. As.

( 2 ) SUIT properties originally belonged to one Nadendla Sheshaiah. Plaintiff No. 1 and his daughter-plaintiff No. 2 filed O. S. No. 165 of 1980. Plaintiff No. 1 claimed to be nadendla Sheshaiah s maternal uncle s son. They sought a declaration of title in respect of plaint a schedule property in favour of plaintiff No. 1 and plaint b schedule property in favour of plaintiff No. 2. They also sought a decree for permanent injunction restraining the defendants from interfering with their possession in respect of the suit schedule properties basing on the Will dated 20-2-1980 Ex. A-1, allegedly executed by nadendla Sheshaiah.

( 3 ) O. S. NO. 35 of 1981 was field by second wife of Nadendla Sheshaiah seeking partition of plaint A, B and C schedule properties into two equal shares and allotment of one such share to her.

( 4 ) PLAINTIFF in O. S. No. 105 of 1985 claimed to be the grand son of mother s sister of Nadendla Sheshaiah. He sought a decree for partition of plaint A schedule properties into two shares and allotment of one such share to him on the basis of a Will deed dt. 29-3-1980 Ex. B-2, allegedly executed by Nadendla Sheshaiah.

( 5 ) THE plaintiffs in O. S. No. 165 of 1980 claimed that the defendants 1 and 2 were the wives of Nadendla Sheshaiah and they had no children. After marrying defendant no. 2, the 1st defendant filed false criminal case of bigamy against Nadendla Sheshaiah and others and it was dismissed. Nadendla sheshaiah obtained a decree for permanent injunction against the 1st defendant and her brothers, and father of defendants 3, 4 and 6 and husband of defendant No. 5 from interfering with his possession and enjoyment over the suit schedule properties. As a result the relations between them became strained and the defendant No. 1 was living with her brothers. The plaintiff no. 1 was assisting in the cultivation of the properties of late Nadendla Sheshaiah for 20 years. Nadendla Sheshaiah developed some disease prior to his death and with the assistance of plaintiff No. 1 and on the advice of Dr. B. V. L. Narayana, Ongole, he was operated upon. Even after the operation, he developed some other diseases. In third week of February, 1980 his condition became worse and he wanted to make a Will with regard to the properties. He went to Ongole and met an advocate sri R. Satyanarayana and executed a Will ex. A-1 on 20-2-1980. He also executed a general power of attorney in favour of the plaintiff No. 1. Thereafter Nadendla sheshaiah was admitted to a hospital of dr. B. V. L. Narayana as an inpatient. He was advised to take complete bed rest. He was treated in the said hospital and the plaintiff no. 1 was attending on him. When the defendant No. 1 came to know about the admission of Nadendla Sheshaiah in the hospital, she came to Ongole along with her sister s son (defendant No. 6 ). As she came to know about the execution of the will and general power of attorney in favour of plaintiff No. 1, she got issued a notice to the plaintiff No. 1 on 23-2-1980. The notice was replied on 4-3-1980. On 6-3-1980 the condition of Nadendla Sheshaiah became serious and the plaintiff was with him. While he was sleeping, the defendants 1 and 3 to 6 forcibly removed Nadendla Sheshaiah from the hospital during the night of 5/6th march, 1980 and took him away in a taxi. From 5-3-1980 Nadendla Sheshaiah was unconscious and was not in a position to understand anything and ultimately he died on 3-4-1980. The plaintiff No. 1 performed the obsequies and spent money. Under the will dt. 20-2-1980 the plaint