Chandrasekhara Menon, J.

1. The plaintiff is the appellant in the Second Appeal. The suit was for partition and separate possession of the proper lies which originally belonged to one Vittappa Kamath. Vittappa Kamath executed a registered will on 17th December 1931 bequeathing his properties in Schedule.1 of the will to one Ganapathy Kamath for life and afterwards to the "second schedule people''. Schedule.2 properties were given to defendants 1 to 3 and the children of Mukunda Kamath to be born thereafter. The plaintiff and defendants 1 to 6, the children of Mukunda Kamath, according to the plaintiff, are entitled to share in the properties. I think it is useful to quote paras 4 and 5 of the plaint.

"4. As per the terms of the will the properties described in the schedule I to the will are to devolve on the children of Mukunda Kamath i.e., Plaintiff and Defendants if Ganapathy Kamath is to die without male issues and the schedule II properties are to be enjoyed by plaintiff and Defendants absolutely even if Ganapathy Kamath be gets children.

5. The testator Vittappa Kamath is dead and Ganapathy Kamath also died without male issues. Thus the properties mentioned below have