Judgement

WANCHOO, J. : This is an appeal by special leave against the judgment of the Madras High Court. The facts are not now in dispute and may be briefly narrated. A suit was brought by Nagappa Chettiar, respondent No. 1(hereinafter referred to as the respondent) against Villiammai Achi appellant and Nachiammai Achi now dead and represented by her legal representative. The respondent claimed two-thirds share of the properties left by his father, Pallaniappa and prayed for a decree for separate possession of that share after partition. The feels on which this claim was based are not now in dispute and are these. The respondent is the adopted Son of Pallaniappa having been adopted in 1941. The appellant is the widow of Pallaniappa and Machiammai Achi was Pallaniappa s mother. Pallaniappa s father also named Nagappa had considerable properties. This Nagappa made a will on June 10,1934 by which after making certain dispositions in favour of certain persons including his own wife he gave the residue of his property absolutely to Pallaniappa and appointed him as the executor of the will. In one place the will stated that all the property except a small part was the exclusive and self-