Koshy. J.

This appeal is filed against the judgment refusing grant of Letters of Administration under the Indian Succession Act. 1925. The petitioners/Plaintiffs are the appellants. Verkey, Verkey father of fifth plaintiff, defendants 1 to 4 and late Mariakutty, mother of defendants 5 to 1 died on 19.3.1990. He had executed and registered Ext.A2 Will on 20.6.1987 bequeathing certain properties to plaintiffs 1 to 3 who are the sons of fifth plaintiff after canceling Ext.A10 will. Plaintiffs applied before the court below for granting Letters of Administration with a copy of the said will annexed. In the alternative they pleaded for granting Letters of Administration on the basis of Ext.A10 will also. Defendants 1 and 10 contested the application.

2. In this appeal the first defendant (first respondent herein) alone is contesting the matter. The other defendants, despite receiving notice did not appear before this court to oppose the appeal. According to the written statement filed by the contesting first respondent Ext.A2 will dated 20.6.1987 has not been duly executed and contended that deceased had earlier executed Ext.A10 will. The court below found that finger prints i