SATYANARAYANA RAJU, J. :- The plaintiff has preferred the above appeal against the decree of dismissal passed by the Subordinate Judges Court of Guntur in O. S. No. 118 of 1949.

2. The following pedigree would be useful in appreciating the contentions raised in the appeal :

3. Venkayya, Bapayya, Tirupatayya and Raghavayya are the sons of Narasayya. They effected a partition of the family properties in the year 1937. In that partition the property mentioned in the plaint schedule was allotted to the share of the third brother Tirupatayya. Ramayya, the 2nd defendant, is the natural son of the 1st defendant but was adopted by Venkayya, the eldest of the four brothers. The plaintiff is the son of the last of the brothers Raghavayya. On 17th of February, 1941, Tirupatayya executed a will (Exhibit B-1) giving his wife Tulasamma a life-interest in one acre of land and 30 square yards of site.

He gave the remaining properties and the vested remainder in the property to his wife, to his three brothers Venkayya, Bapayya and Raghavayya, to be enjoyed by them in equal shares with absolute rights subject to, the obligation of discharging his debts in equal shares. Disregarding the provisi