Ramaprasada Rao, J.-The first and second defendants in O.S.No. 6 of 1968 on the file of the Subordinate Judge of Madurai are the appellants. ‘

2. One Kuppai Pitchai Rowther originally owned certain properties which were admittedly brought to public sale. In that public sale his own son through his first wife, Seeni Rowther. the husband of the first defendant participated and purchased certain of those properties which are the subject-matter of the present litigation. It is common ground that under Exhibit A-8 Seeni Rowther purchased the suit properties and became the absolute owner thereof. Seeni Rowther died without children but leaving a will Exhibit B-1, dated 23rd June, 1955. Under the will, he created a life interest in favour of his wife, namely, the first defendant and disposed of the remainder in favour of the second defendant who was his sister’s son. The absolute remainder having thus been secured by the second defendant and a life estate by his widow under the will Exhibit B-l, the question arose whether Seeni Rowther did have the requisite capacity to execute the will Exhibit B-l, and even if he did, whether he could make the dispositions in the manner stated. The first

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