( 1 ) HEARD the learned counsel for the parties. Two suits were tried together by the trial court being O. S. No. 194 of 1987 and o. S. No. 294 of 1989. Suit being O. S. No. 194 of 1987 was filed for grant of letters of administration in favour of the 1st plaintiff authorizing him to administer the estate of the deceased Gogineni Chinnamayi. O. S. No. 294 of 1989 was filed for a declaration that all the plaint schedule properties, movable and immovable, belonging to the trust created by Gogineni chinnamayi be given in possession to the plaintiff in accordance with a Will and testament dt. 24-7-1983. Both the suits were tried together.

( 2 ) SHORN of the details, the facts relating to filing of both the suits are that one gogoneni Chinnamayi who was the wife of late Venkattappaiah Chowdary died intestate. The property left behind by her became the bone of contention between her own relatives and the relatives of her husband. On the one hand the property was claimed by Venkattappaiah Chowdary s brother and his sister and on the other hand, the property was claimed by Chinnamayi s own brother s wife. Chinnamayi s brother s wife put up a Will stating therein that chinna