JUDGMENT

Y.K. Sabharwal, J.-Appellant is defendant No. 1 in the suit out of which the appeal has arisen. Three sisters were plaintiffs in the suit. The suit properties originally belonged to Nanjammal @ Kuttiammal, mother of the three plaintiffs and father of defendant No. 1 who was brother of three plaintiffs. Father of defendant No. 1 pre-deceased his mother Nanjammal. The husband of Nanjammal, i.e., father of the plaintiffs and grandfather of defendant No. 1 also pre-deceased his wife. Nanjammal died on 11th September, 1979 at an old age.

2. According to the plaintiffs, their mother in sound disposing mind duly executed on 20th August, 1966 a registered will whereunder she bequeathed in their favour properties described in Schedule A to the plaint. Schedule B properties also belonged absolutely to Nanjammal which, according to the allegations in the plaint, were inherited to the extent of 3/4th share by the three plaintiffs together and 1/4th undivided share by defendant No. 1 according to law of succession Nanjammal having died intestate in respect of the said properties. After death of Nanjammal, the appellant began to assert his exclusive title to suit properties as a result wh