( 1 ) THIS appeal is against the judgment of our learned brother, Ansari, J. The facts relating to this appeal briefly are that one Bhumayya, son of Sambiah, was the owner of house No. 489-16-B (new) known as "rukmini Vilas" situated in Mahubpura, Gowliguda, Hyderabad. The said Bhumiah executed a will on 23rd Isfanclar, 1349 Fasti ( 23/01/1940), under which he bequeathed the house by dividing it into three portions giving away two portions to his sons, who are defendants 1 and 2 in the case, and one portion to his wife, Rukkamma. Three rooms on the ground floor and three rooms on the top floor, marked red in the plan annexed to the will, were given over to the wife, while two rooms on the first floor and three rooms on the ground-floor, marked yellow in the plan were given over to the sons. The further recital in the will is to the effect that the upstairs of the house and three rooms on the ground floor were in the occupation of Dr. Bopardikar with whom the property had been mortgaged for a sum of Rs. 5000. 00, that a rental agreement had been taken from the mortgagee for a period of ten years under a stipulation that the rent payable by him was to be adjusted towards t