Sir Madhavan Nair.-

This is an appeal from a judgment and decree of the High Court of Judicature at Madras dated 27th November 1944, which reversed a judgment and decree of the Court of the Subordinate Judge of Narsapur dated 27th October 1942.

[2] The appeal arises out of a suit (O.S. 38 of 1941) instituted by the appellants for a declaration that a will dated 11th March 1939, alleged to have been executed by their stepbrother one Ramalingayya, the husband of the respondent Achamma (since deceased), is not genuine. Ramalingayya died on 12th March 1939.

[3] The appellants also brought another suit (O. S. 25 of 1940) against Achamma, under S. 77, Registration Act, for a decree directing registration of a settlement deed dated 10th March 1939 said to have been executed in their favour by the aforesaid Ramalingayya.

[4] Both suits were tried and disposed of together by the trial Court. The Subordinate Judge held that both the settlement deed and the will were not genuine documents. He therefore dismissed O. S. 25 of 1940 relating to the settlement deed, and decreed O. S. 38 of 1941 relating to the will, declaring that the will is not a genuine document.

[5] The appellants appealed against