Order of the Court was pronounced by

Subba Rao, J.- This is an application for leave to appeal to the Supreme Court of India under Article 133(1) of the Constitution of India. The respondent instituted O.S. No. 43 of 1946 on the file of the Sub-Court, Eluru, for a declaration of his title to the plaint schedule properties. He claimed the properties under a Will, Ex. P-1 alleged to have been executed by one Sambamurthi. The first defendant set up another Will, Ex. D-7 alleged to have been executed by Sambamurthi in his favour. The trial Court held that Ex. P-1 was the last Will and Testament of Kalla Sambamurthi and that Ex. D-7 had not been proved to have been executed by Sambamurthi in a sound disposing state of mind. The High Court confirmed the findings of the Subordinate Judge, except in respect of a relief granted to the plaintiff for an account by the first defendant for certain amounts belonging to Sambamurthi. The High Court deleted that part of the decree. The result was that there was a modification in favour of the defendant.

The first defendant filed this application for leave to appeal against the decree of this Court. In the petition he seeks to question the findings of

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