Defendant Nos. 2, 3, 5 and 7 in O.S. No. 15/86 on the file of the first Addl. District Court, Ernakulam are the appellants in this appeal. The proceedings before the court below originated as probate O.P. 61/1986 filed by invoking the testamentary and intestate jurisdiction of the District Judge under Sections 266 and 268 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act" for short). The first respondent V.K. Raju was the petitioner in the above probate O.P.

2. The case of the petitioner in the lower court can be summarised as follows:-

Late E.A. Thomas, S/o. Augustine, was permanently residing in Amaravathy, Fort Kochi. He died on 7-1-1980 at building No. X/602, Amaravathy, Cochin. The said Thomas had duly executed from the aforesaid house his last will and testament on 9-2-1985 produced along with the O.P. The petitioner is the executor named in the will. The petitioner has truly set forth in Schedule No. I all the properties and credits which the deceased possessed or was entitled to get at the time of his death. The petitioner has also truly set forth in Schedule No. II the items which by law are allowed to be deducted. Respondents 1 to 10 are th