Mishra, J.:

A learned single Judge of this Court has allowed an application for revocation the probate in O.P.No.15 of 1982 granted in favour of the appellant. Hence the appeal Clause 15 of the Letters Patent of this Court.

2. One S.T.Subbaraya Mudaliar who died on 23rd August, 1978, executed a will with to his properties including a property at Mallan Pon-nappa Mudali Street, Triplicane city of Madras. This property, according to the respondent herein, belonged to one Mudaliar who had four sons, Manicka Mudaliar, Thanga-velu Mudaliar, Kuppuswamy Mudaliar, Kamatchi Mudaliar. Manicka Mudaliar died leaving behind his only son Loganatha Mudaliar. Thangavelu Mudaliar died leaving behind Doraisami Mudaliar. Kuppuswami Mudaliar died leaving the respondent herein and Kamatchi Mudaliar died without any.

3. Loganatha Mudaliar died leaving his only son Arumugha Mudaliar. Arumugha filed a suit for partition of his share in the joint family property. It had so happened that the property in Triplicane had been purchased by Subbaraya Mudaliar in Court Arumugha attacked the court auction purchase and obtained a preliminary decree aside the court auction sale and directing Subbaraya