Judgment

Santosh Hegde, J.-This appeal by special leave is preferred against the judgment and decree of the High Court of Kerala dated 26.11.1986 made in S.A. No. 681/82F.

2. The suit pertains to 50 cents of land, two buildings along with some superstructure situated in Calicut city. Originally, the suit property belonged to one S.P. Sadanandan who had executed a Will on 23.6.48, bequeathing properties owned and possessed by him. Under this Will he bequeathed the suit scheduled properties jointly to two of his sons, namely, Earnest Devadas Sadanandan and his younger brother J.G. Sadanandan. The suit property was enumerated as Item No. 10 to Sched­ule ‘A’ to the Will. Sadanandan, who died on 10.7.1948, had originally appointed his wife, his elder son E.D. Sadanandan and a Chartered Accountant by name Paramasivan as executors of his Will. One of the executors, namely, Paramasivan later on relinquished his status as an executor. Therefore, the remaining two executors, namely, widow of the testator-Suseela and their elder son E.D. Sadanandan filed O.P. No. 231 of 1963 for probating the Will. The High Court before which the probate proceedings were initiated, granted the probate on 12.11.