The decision in this appeal turns on the answer to the question as to whether S.14(1) of the Hindu Succession Act 30 of 1955, hereinafter referred to as the Act, or S.14(2) of the Act, should be applied to the facts of the case. The plaintiff in the suit O.S. 47 of 1977, on the file of the subordinate Judge, Nagapattinam, preferred this appeal, against the judgment and decree in the suit. During the pendency of the appeal, the plaintiff died and his legal representatives have been brought on record. The defendant in the suit is the respondent herein. To arrive at the decision, necessary facts have got to be set out. The suit property takes in a site of an extent of 32-1/2 cents and the superstructures standing thereon. The suit property admittedly belonged to one Sundaram Pillai, who died on 18-07-1942. His wife was one Soundarathammal. The couple had no issue. The plaintiff was the son of the elder brother of Sundaram Pillai. The defendant is the son of the brother of Soundarathammal. Soundarathammal died on 05-03-1975. On 14-04-1937 as per Ex. B-1, Sundarm Pillai executed a Will, disposing of his properties including the suit property. The suit property is admittedly