VENKATESWARA RAO, J.

( 1 ) THIS appeal arises out of a petition filed under Section 211, 213 and 270 of the Indian SUCCESSION ACT, 1925, 1925 praying for the grant of a probate of the will annexed in respect of the property described in the schedule to the petition. The petitioners in O. P. No. 57/78 are the appellants before this Court.

( 2 ) THE Petitioners, who are the SONS and a daughter of one Saripalli bhaskara Rao, filed O. S. No. 452/73 in the court of the District Mansif, visakhapatnam for declaration of their title to a house and recovery of possession thereof together with past and future profits, claiming to have become entitled to the property under a will said to have been executed by their paternal grand mother, Saripalli Sundaramma. This suit was resisted by the respondent, who filed written statement contending inter-alia, that late sundaramma had no title to the suit property and that she was only a bentmidar for her husband, late Samuel in respect of this property, that she should, in any view, be deemed to have perfected her title to the property in dispute by prescription and that the will said to have been executed by late sundaramma is not true, valid and bind

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