1. Deceased Mouthali Rowther had his wife, five sons and five daughters including plaintiff and defendant. He owned 2 acres 19 cents of landed property including plaint Schedule.5 cents. In 1962 he executed and registered Ext.A1 will bequeathing properties in favour of five sons and two daughters as well as in favour of some of the grand children. A life estate was created in favour of the wife also. Plaint Schedule.5 cents was given to the plaintiff and a larger area was given to the defendant. Both of them accepted and acted upon the document after the death of the father. The suit for declaration of title and recovery of possession was resisted by the defendant on the ground that the will is invalid. The contention was negatived and the suit was decreed by both the courts. Defendant appealed.

2. Invalidity of the will is raised on the ground that is exceeded the permissible one third and the heirs have not given consent after the death of the testator. It is also stated that the will has not taken effect. But I do not think that there is any force in the contention that the will has not taken effect. By Ext.A4 the appellant accepted the will and derived benefits under