Judgment

SHARMA J.:- This appeal by special leave is directed against the decree passed by the High Court in favour of the plaintiff respondents in a suit for partition.

2. The property in suit belonged to Smt. Rathinammal, who after executing a registered will died in 1942. According to the terms of the will her two sons Natesan, defendant No. 1, and Subramanian, plaintiffs witness No. 2 (PW-2), were to remain in possession of the properties without any power of alienation and had to pay the taxes and conduct regularly certain religious festivals, and thereafter their sons were to manage the properties on similar terms. The will further provides that after their attaining majority the great grandsons, i.e., the sons sonssons of the testatrix will get the properties as absolute owners.

3. Subramanian, the younger son of the testatrix, who has been in the present suit examined as the second witness on behalf of the plaintiffs, has one son Arunachalam, defendant No. 15. The three plaintiffs, Ramesh, Ganesh and Sivalingam are the sons of the defendant No. 15. The defendant No. 1 got four sons and ten sons sons. The main dispute in the suit is about the share which the plaintiffs are enti