( 1 ) THIS second appeal is brought by the 1st defendant in O. S. No. 359 of 1948, District Munsif s Court, Tanuku, from the judgment of the Subordinate judge, Eluru, confirming that of the trial Court. The material facts may be set out in brief:- one Dwarampudi Venkanna settled all his properties on his two nephews the 1st defendant and the husband of the plaintiff under the original of Exhibit B-2 dated 14th June, 1935, reserving to himself a life-estate thereunder. On the death of the donor, the donees divided the properties (as now established ). In some of the items conveyed under the settlement deed, the donees were given only a life-estate with a vested remainder to their issue. By a will, dated 11th January, 1942, (Exhibit A-1) Venkataswamy, the husband of the plaintiff, bequeathed all his properties including those settled upon him by his maternal uncle to his wife. This will was called into question by the 1st defendant in O. S. No. 49 of 1944 on the allegation that it was not a genuine one. The result of the litigation was against the 1st defendant. Nearly four years after this, the plaintiff filed a suit against the defendants for eviction, etc. , alleging that the suit

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