( 1 ) THIS letters patent appeal is from the judgment of a learned single Judge in A. S. No, 204 of 1978 allowing the appeal filed by respondents I to 3 herein against the judgment and decree in O. S. No. 21 of 1974 decreeing the suit filed by the appellant herein.

( 2 ) WHETHER the appellant-plaintiff --Karthikeya alias Krishna Murthy -- is the adopted son of Venkala Subbaiah, his junior paternal grandfather, is the only question that arises for consideration in this letters patent appeal.

( 3 ) ONE Narasimhulu was the great grandfather of the appellant and he had two sons --Perumailu, the paternal grand-father of the appellant and Venkata Subbaiah. Perumallu died in 1932 surviving him behind two sons and one daughter -- Srinivasa Varma, Govindarajulu (the Father of the appellant) and Adilakshmamma. Srinivasa Verma has one daughter and one son -- Nagabhushan-arama and Subrahmanyam. Govindarajulu has four sons including the appellant and one daughter. Venkata Subbaiah, the junior paternal grandfather of the appellant, died on 12-11-1966. His wife -- Govindamma --predeceased him 35 years back in 1931 surviving her behind Venkata Subbaiah, her husband, three daughters and one son. The son -- Narasimhulu -- died unmarried in 1938. The eldest daughter -- Kantamma -- died immediately after her marriage. The other two daughters -- Kamalamma (D-2) and Rajamma (D-3) were married in the year 1947. The first defendant in the suit is one Kotamma, admittedly the concubine of Venkata Subbaiah, with whom he was residing at the time of his death. The fourth defendant is the brother s son of the first defendant in whose favour the first defendant executed a settlement deed on 12-12-1966 in respect of items Nos. 1 and 2 of plaint A schedule property. The fifth defendant is a tenant of one of the plaint schedule properties. The pedigree table indicates the relationship of the parties at a glance:

( 4 ) VENKATA Subbaiah was in Government service and retired as a Head Draughtsman in the Public Works Department. A few years after the death of his wife, he developed contacts with the first defendant, who became his permanent kept mistress. In the year 1954, the first defendant came to stay permanently with Venkata Subbaiah at his own house in Krishna Mandiram street in Nellore town. During his lifetime, Venkata Subbaiah executed three wills. The first will was on 25-12-1959 (Ex. B. 11) and the second will (Ex. B. 12) was on 21-12-1962. Both these wills were written by him in his own handwriting. In Ex. B. 11, there are four schedules. A schedule comprises three items -- Item No. 1 is a house in Nellore town; item No. 2 is Ac. 1-90 cents of wet land and hem No. 3 is Ac. 0-75 cents. B schedule consists of Ac. 1-10 cents of land. C schedule comprises Ac. 1-25 cents and D schedule related to Ac. 0-75 cents of land. In respect of A and D schedule properties, life interest was given to the first defendant. The appellant-plaintiff was given the vested remainder in respect of A and B schedule properties. Life interest in B schedule property was given to Kamalamma -- the second defendant. To Rajamma -- the third defendant -- life interest was given in respect of C schedule property and the vested remainder in favour of Subrahmanyam -- the son of Srinivasa Varma, and nephew of Venkata Subbaiah. The vested remainder so far as D schedule property was concerned was in favour of the orphanage in Nellore town. It was mentioned in Ex. B. 11 by Venkata Subbaiah that after the death of this father --Narasimhulu -- he and his brother --Perumallu -- by their individual initiative and Labours acquired properties; that his brother Perumallu died 25 years back and after the death of his brother, he and his sister-in-law (widow of the brother) acted as guardians and on 11-2-1939, partitioned the properties by a registered document (Ex. A-6 ). He also mentioned in that will about the marriages of his two daughters D-2 and D-3) and their living separately with their husbands

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