( 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 dated 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

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