B. K. SOMASEKHARA, J.

( 1 ) THIS appeal is directed against the judgment and decree of the learned district Judge Chittoor Mr. M. Srinivasa Rao in O. S. No. 30 of 1975 dated 28-10-1981 whereby the suit came to be dismissed and thus the plaintiffs are appellants and the first respondent is the defendant in the suit. The respondents are the tenants in one of the suit properties situated at Tirupathi. Reference of them as plaintiffs and defendant would serve the convenience and that will be done.

( 2 ) THE plaintiffs filed O. P. No. 102 of 1970 for Probate and Letters of Administration which was opposed by the defendant-caveator. After some prolonged litigation up to the level of High Court, the matter came to be litigious and was registered as suit. The plaintiffs sought for Probate and Letters of Administration based upon the will dated 23-3-1968 said to have been executed by one Akkayamma whereunder the suit properties were bequeathed in favour of plaintiff No. 1, namely, c. J. Ayodhya Ram Singh. Plaintiff No. 2 is the younger brother, plaintiff No. 3 is the younger sister and plaintiff No. 4 is the mother of plaintiff No. 1. Fourth plaintiff died pending the proceedings and plainti

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