Judgment

R. S. SARKARIA, J.:- This appeal by certificate is directed against an Appellant Judgment and Decree, dated November 15, 1968, of the High Court of Madras.

2. The facts leading to this appeal are as follows :

3. The following pedigree table will be helpful in understanding the relationship of the parties:

4. Palaniandi Pillai, shown in the above pedigree-table owned considerable properties. On December 12, 1927, he executed a will whereby he bequeathed certain properties to each of his three sons. He appointed his sons, Ramaswami Pillai and Vadivelu Pillai, as Executors of his will. In regard to his third son, Nataraja Pillai, the testator in clause 5 of the Will stated:"My third son, Nataraja Pillai, shall take the income accruing from the properties, namely, my cart-stand, house and ground, situate in the Western Row of Mint Street, bearing Municipal Door No. 278, Re-survey No. 600, Collectors Certificate No. 750 and the 5 Godowns, namely 2 Godowns situate in Varadaraja Mudali St., bearing Municipal Door Nos. 90 and 91, and 3 Godowns situate in 3rd North Beach Road bearing Municipal Doors Nos. 5, 6 and 7 to 9, Re-Survey Nos. 3158 and 3187, Collectors Certificate No. 2550. Af