1. O.P.No.157 of 1991, which came to be converted into a Testamentary Original Suit T.O.S.No.40 of 1994 is one for the grant of probate of the Will allegedly executed by deceased M.Vittal Rao on 22.11.1955.

2. C.S.No.673 of 1987 is one for partition and separate possession of 1/3 share of the plaintiffs therein in the properties described in the plaint schedule and for mesne profits.

3. As the properties concerned in both the suits and the parties are one and the same, the suits were tried together and are now being disposed of by a common judgment.

4. T.O.S.No.40 of 1994 O.P.No.157/1991, which has been subsequently converted into T.O.S.No.40 of 1994 seeking probate of the Will dated 22.11.1955 left by Vittal Rao, was originally filed by M.R.Ramamoorthy and M.R.Srinivasan, who are plaintiffs 1 and 2 therein. The same was originally filed against the defendants 1 to 6, who have been arrayed as plaintiffs 1 to 6 in the connected civil suit. After the death of both the original plaintiffs, namely M.R.Ramamoorthy and M.R.Srinivasan, who are defendants 1 and 2 in the connected civil suit, their legal representatives were impleaded as plaintiffs 3 to 9 in the T.O.S. Except Mal