1. The 1st defendant in O.S.No.268/84 on the file of District Munsif, Vizianagaram, being aggrieved of the Decree and Judgment made in A.S.No.117/95 on the file of District Judge, Vizianagaram, wherein the Decree and Judgment of the Court of first instance had been reversed, had preferred the present Second Appeal.

2. The appellant-1st defendant died during the pendency of the Second Appeal and appellants 2 to 12 were brought on record as the legal representatives of the deceased 1st appellant by Order dt.3-11-2005 in C.M.P.No.2745/2005. The Second Appeal as against R.5, R.6 and R.7 was dismissed for default. But, however, it is stated that the main contest is between R.1 to R.4 – the plaintiffs in O.S.No.268/84 and at present the legal representatives of appellant-1st defendant. It is also stated that these parties claiming under the 1st defendant as tenants had been shown as defendants 2, 3 and 4 and hence, the Counsel on record submitted that the Second Appeal to be heard on merits.

3. Contentions of Sri M. Adinarayana Raju:-

Sri Adinarayana Raju, the learned Counsel representing the legal representatives of the 1st appellant-appellants 2 to 12 had taken this Court thr