1. Plaintiff in O.S.No.5 of 1976 on the file of the Court of Munsiff, Hosdurg is the appellant in this Second Appeal. This Second Appeal came before us on a reference by Dr.Kochu Thommen J.

2. The appellant filed a suit for partition on the allegation that plaint schedule property belonged in leasehold right to one Veluthambadi, the father of the respondent herein, that by a registered Will Ext.Al dated 30-8-1955, Veluthambadi bequeathed the property along with other items to the thavazhi of his nephew Kannan with a direction that the properties would be held and enjoyed as thavazhi properties of Kannan, that the members of the thavazhi of Kannan assigned their right in favour of the appellant and that Kannan's share was obtained by the respondent herein under a sale deed from Kannan.

3. The suit was resisted by the respondent who contended that as per the terms of the Will Ext. Al the bequest was not in favour of Kannan's thavazhi but Kannan himself, that the thavazhi members had no right in the property and that therefore the appellant had not derived any right to the property by virtue of the alleged purchase.

4. The trial court took the view that the bequest under Ext.