( 1 ) THIS second appeal is directed against the judgment rendered by the I Additional district Judge, Krishna District at machilipatnam, dated 12-10-1987 in A. S. No. 69 of 1981 under which the judgment and decree of the Court of the Principal district Munsiff, Avanigadda, dated 31-3-1981 passed in O. S. No. 107 of 1978 decreeing the suit of the plaintiff for declaration of title and possession has been confirmed.

( 2 ) THE appellant herein is defendant no. 3, who died during pendency of the appeal and appellants 2 to 4 have been brought on record as his legal representatives. Respondent No. l herein is the plaintiff, respondent No. 2 herein is defendant No. 4 and respondent No. 3 herein is defendant No. 2 in the suit. The first appellant in A. S. No. 69 of 1981 on the file of the I Additional District Court, who was defendant No. l in the suit, has not been impleaded in this appeal stating that he was not a necessary party. The plaintiff filed the suit for declaration and possession of the plaint schedule property and for recovery of past mesne profits at the rate of Rs. 25/ per month and future mesne profits at the same rate.

( 3 ) THE case of the plaintiff is that late pindiganti Subba Rao, the younger brother of the first defendant, was the absolute owner of the plaint schedule properties consisting of house-site measuring 99 sq. yards with a tiled house and 2. 9 2/4 sq. yards. The said Subba Rao died intestate on 8-4-1964. The mother of the said Subba rao predeceased him. Hence his wife anasuyamma succeeded the entire property including the plaint schedule properties under the provisions of Hindu succession Act and took possession of the same as absolute owner. The said anasuyamma adopted the plaintiff as her son on 2-3-1972 with all legal formalities. A registered adoption deed was also executed in token of the adoption by Anasuyamma and the natural mother and father of the plaintiff on 2-3-1972 itself. Subsequently, on 12-3-1972 the said Anasuyamma also executed a registered gift deed in favour of the plaintiff in respect of her half share in the plaint schedule property and in 39 cents of land bearing R. S. No. 147/4 of Challapalli village and put the plaintiff in possession of the same on the same day. The gift deed was duly accepted by the plaintiff. Since then the plaintiff has been in exclusive possession and enjoyment of the suit property. The plaintiff leased out the plaint schedule property to one Pital Sambasiva rao and he has been living with his natural parents at Challapalli. It is stated that even if the adoption for any reason, is not valid and legal, the plaintiff and defendant No. 4 jointly became absolute owners of the properties and they are jointly entitled for possession of the same. Defendants have no manner of rights in the property. Defendants high handedly got vacated the plaintiff from the plaint schedule property forcibly evicting his tenant in middle of february, 1978 from the tenant and occupied the same. When questioned, the defendants did not give any satisfactory reply. Hence a police complaint was lodged, but of no avail. Hence a registered notice dated 14-3-1978 was issued to the defendants demanding delivery of possession. The defendants gave a false reply setting up the Will deed said to have been executed by Pindiganti Subba Rao in favour of the first defendant. Hence the suit.

( 4 ) DEFENDANTS 1 to 3 filed a written statement contesting the suit. It is admitted that late Pindiganti Subba Rao, younger brother of the first defendant, was the absolute owner of the plaint schedule properties. It is, however, denied that the said Subba Rao died intestate and issueless. It is stated that Subba Rao executed a Will deed (Ex. B-1) in favour of the first defendant bequeathing his property viz. , 39 cents of land and house-site on 29-1-1961. The said Subba Rao died on 27-4-1961. On his death, the first defendant became the owner of the plaint schedule properties It is denied that