( 1 ) THESE two appeals arise out of the common judgment in OS Nos. 4 and 5 of 1980 dated 29/03/1985 on the file of the Subordinate Judge, Bhimavaram. O. S. No. 4 of 1980 was originally filed by Kusuma Krishnaiah against Chilakapati Gangamma, seeking partition of the schedule properties into two equal shares. Pending the suit, both the plaintiff and defendant died and the appellant was brought on record as the legal representative of the defendant and the respondents I to 3 as the legal representatives of the plaintiff. Similarly, O. S. No. 5 of 1980 was filed by Chilakapati Gangamma against Kusuma Krishnaiah seeking a declaration of her right and for recovery of possession of the suit land. On the similar lines as in O. S. No. 4 of 1980, the parties having died, the legal representatives were brought on record.

( 2 ) THE claim of the plaintiff in OSNo. 4 of 1980 is that the plaint schedule properties belonged to late Chilakapati Surayya, S/o Swamy, who executed a registered will deed dated 6-4-1958 in a sound and disposing state of mind and subsequently, he died on 18-7-1969. The original plaintiff is the sister s son and defendant No. 1 is the wife s sister s so