( 1 ) THE appellant before us is the plaintiff. The first defendant is the brother of the plaintiff and second defendant is the purchaser of the second item of the plaint schedule property. There is no dispute that the plaintiff and defendants are the children of roza nazareth, who died on 24th july, 1954. There were other children also. The first defendant set up a will under which he claimed exclusive right in respect of the assets left by roza nazareth. On 6th march, 1964, the first defendant obtained a probate as per ex. D. 11. Subsequently, he sold the second item on 6th december, 1971, to the second defendant. According to the plaintiff, the probate obtained by the first defendant was without notice and was void. He approached the court for revocation of the probate and the revocation was ordered on 3rd march, 1975 as per ex. P. 7. Subsequently he obtained the shares of other children of roza nazareth, except that of the first defendant, and proceeded to file the present suit claiming five out of six shares in the two items of properties. The first defendant raised several contentions including the plea of adverse possession. However, the trial court