Raghavan, J.-These two appeals arise out of C.S.No. 30 of 1961 filed for recovery of possession of No. 11, General Muthiah Mudali St., G.T., Madras, and O.P. No. 80 of 1963 filed for the issue of Letters of Administration with a copy of the will of Desai Gowder annexed limited to the suit house, which O.P. on caveat filed by the defendants was registered as T.O.S. No. 11 of 1963. Both the above matters were directed to be tried together by an order of Venkataraman, J., dated 6th August, 1963. we shall first take up O.S.A. No. 26 of 1965 arising out of the main suit C.S. No. 30 of 1961. The property covered by the suit is a house in General Muthiah Mudali Street, G.T., Madras, (hereinafter referred to as the suit house). One N. Desai Gowder, the paternal uncle of the plaintiff’s father, Ponniah, purchased the suit house in 1909. On Desai Gowder’s death, the plaintiff’s father got the suit house as a residuary legatee under his will dated 18th April, 1914, and in the division of the family properties between the plaintiff and his two brothers, after the death of the plaintiff’s father, the suit house was allotted to the plaintiff’s share by an arbitrator chosen by them who made an aw

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