Narasimhan, J. - (1.)This is an appeal against the judgment of the Subordinate Judge, Vijayawada, in O. S. 124 of 1959 by which he dismissed the plaintiffs suit for possession of the plaint schedule properties and for profits and other reliefs. The plaintiff is the appellant.
(2.)One Bonthu Venkatareddi, hereinafter be referred to as Reddi, of Telaprolu died possessed of the properties claimed in the suit. The planitiff is the son of the said Reddis sister He is a minor and is represented by his mother Vintha Suhbamma, the sister of late Reddi. The 1st defendant in the suit is the widow of the said Reddi The 2nd defendant is the tenant of the lands of the said Reddi which were leased to him. The said Reddi was abut 38 years when he died. He died issueless. He had previously gifted about 57 cents of hill land to his sisters daughter. Subsequently he gifted an acre of land to his wife under a dakhaldeed, Ex. A-2 dated 12-6-1959. At the time of his death he left him surviving a young widow who was 25 years when she deposed on 22-7-1961.
(3.)It is the plaintiffs case that Reddi executed a will at about 11 a.m., on the day of his death, i.e., on 16-11-1959 at Vijayawada in the house of one Sura Reddy. The said Sura Reddy was no other than the brother of Reddis sisters son-in-law, P. W. 1. Reddi is said to have died the same day at 8 p.m., in his house at Telaprolu. Telaprolu is said to be about 7 or 8 miles from Gannavaram and Gannavaram is said to be about 8 or 10 miles from Vijayawada. The plaintiffs case of the circumstances under which the will was executed by late Reddi is set out in para 4 of the plaint which may be appropriately read here:
" Late Bonthu Venkata Reddy was suffering from heart disease for some time past and he found no hope of survival and he came to Vijayawada for treatment along with his sister and her son-in-law. He was advised to get himself X-rayed and an X-ray photo was taken at Vijayawada in the clinic of Dr. C. Balakrishna Rao. The X-ray examination revealed that his condition was serious. Having realised the seriousness of his condition, he wanted to execute a will immediately bequeathing all his remaining properties in favour of his sisters son, the plaintiff herein, as he had already made up his mind and announced his desire to bequeath all his remaining properties to the plaintiff in view of the love and affection he had to the plaintiff and the cordial relations he had with the plaintiffs family, which had been very helpful to them throughout his life. Accordingly, he executed a will on 16-11-1959 at about 10 a. m., in a sound and disposing state of mind- He wanted to get the will registered the next day at Gannavaram and reached that place by 5 p.m. But his illness took a very serious turn by 6 p.m., and he was advised to he removed immediately to his native place and accordingly he was immediately removed to Telaprolu where he died at about 8 p.m. "
Alleging that the 1st defendant trespassed on the lands, and the 2nd defendant was set up as a tenant under the deceased, the suit was laid on 4-12-1959