1. Heard Sri V.S.R.Anjaneyulu, the learned Counsel representing the appellant and Sri N.Sriram Murthy, the learned Counsel representing the respondent.

2. This Court on 18.12.1998, made the following order: "In view of the substantial questions of law raised in para 17(a) to (e) of the memorandum of grounds of appeal, the second appeal is admitted." The said grounds read as under:

a) Whether the judgment of the lower appellate Court is in accordance with the provisions of Order 41 of CPC when it failed to consider and framed the issues to be decided in the appeal in the light of Order 41 of CPC.

b) Whether the decree and judgment of the lower appellate Court is correct when it had reversed the findings of fact recorded by the trial Court based on oral evidence, exceeding the powers conferred under Section 107 of CPC.

c) Whether the lower appellate Court is correct in arriving at a conclusion that Ex.B1 Will is surrounded by suspicious circumstances and the said circumstances are not shattered by the evidence adduced by the defendant.

d) Whether the lower appellate Court is correct in reversing the well considered find