Plaintiff, as petitioner, moved O.P.5699/1988 for Letters of Administration with Will dated 18-7-1974, executed by deceased Smt. Martha David Tharakan attached toil. Legatees under the Will and all the legal heirs left behind by the deceased were made respondents 1 to 10 in that petition. When notice was issued to the respondents, 4th respondent, one of the daughters of the deceased, filed caveats opposing the grant of Letters of Administration. She also filed affidavit in support of her contentions. Since affidavit in support of the caveat has been filed and notice of the same was given to the petitioner in the Original Petition, the proceedings have been ordered to be numbered as a suit, as provided by R.26 of the Rules under the Indian Succession Act, 1925, Appendix XII to the Civil Rules of Practice, Kerala. Petitioner in the Original Petition is the plaintiff and the 4th respondent, caveat or, the defendant.

2. Material averments made by the plaintiff are to the following effect.-Smt. Martha David Tharakan had a fixed place of abode at Ernakulam. Her properties are situated in Ernakulam and Maradu Villages of Kanayannur Taluk, Ernakulam District and at Bangalore in