Srinivasan, J.

1. Three questions are raised by learned Counsel for the appellant. The appellant is a purchaser of the suit property under Ex.B.1, dated 31.7.1969 from one Parthasarathy Naicker, who in turn purchased the property from one Natesa Padayachi under Ex.B.3 dated 26.9.1958. Under Ex.B.2, Natesa Padayachi had purchased the property from one Kokilambal Ammal. The plaintiffs in the suit, who are the respondents herein are the sons of Perumal Padayachi who was the son of Govindasamy. Govindasamy had a brother Manickam whose wife was Kokilambal Ammal referred to above. Manicka Padayachi and Govindasami Padayachi had acquired properties by joint exertion and in a partition in 1940 amongst themselves they divided these properties and the suit property along with some other properties were allotted to the share of Manicka Padayachi. Manicka Padayachi died towards the end of 1940. Govindasami Padayachi filed a suit as the next friend of the first and second plaintiffs herein on the file of Sub Court, Cuddalore for a declaration that a will dated 4.7.1940 left by Manicka Padayachi was true, valid and binding on the defendants. Kokilambal Ammal was the first defendant and th