M. Fathima Beevi, J.

1. The appeal is directed against the decree and judgment, in O. S. No. 71/73 before the Principal Sub Judge, Alleppey, dated 29-9-1976, dismissing the suit for declaration of title and recovery of possession.

2. The plaintiff - appellant instituted the suit for declaration of title over items 1 to 7 in the A schedule and the building in the schedule and for recovery of possession of these properties with consequential reliefs. Defendants 1 and 4 are the sons and defendants 5 and 6 daughters of the plaintiff. Defendants 2 and 3 are the sons of the 1st defendant. Lakshmi Bai, the wife of the plaintiff, died in February 1971. She had executed Ext. B1 Will dated 27-7-1970 asserting full rights over the scheduled items and bequeathing the same in favour of defendants 2 and 3. On the basis of the Will, defendants 2 and 3 alienated a portion of item No. 1 in favour of defendants 7, 8 and 9 and the 9th defendant had created some interest in favour of the 10th defendant. The alienees are in possession of the property purchased, while the rest of the properties are in the possession of defendants 1, 2 and 3.

3. The properties described in the A schedule were purcha