( 1 ) THE appeal is filed against the judgment and decree of the learned Subordinate judge, Anakapalli in O. S. No. 61 of 1984 dated 5-7-1987. The trial Court tried together and disposed of two suits O. S. No. 61 of 1984 and 12 of 1987 by the said judgment. As far as this appeal is concerned, it is only filed against judgment and decree in O. S. No. 61 of 1984.

( 2 ) THE appeal came to be filed in the following circumstances: one T. Mahalaxamamma filed o. S. No. 204 of 1978 on the file of the principal Subordinate Judge, visakhapatnam and subsequently it was transferred to the court of the Subordinate judge at Anakapalli and renumbered as o. S. No. 61 of 1984. Originally the suit was filed for injunction in respect of the suit schedule properties. However, pending the suit the plaintiff i. e. , Mahalaxamamma died and plaintiffs 2 to 4 came on record as legatees under the Will alleged to have been executed by Smt. Mahalaxamamma. Consequent on the other plaintiffs coming on record, amendment was made to the suit plaint seeking the relief of declaration and possession. It is the case of the original plaintiff that she is owner of all the land situate in Munagapaka village, Anakapalli

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