Srinivasan, J.

1. The properties involved in both the suits, out of which these appeals arise, belonged originally to one Vazhithunai Mudaliar. Though there was a controversy in the Court below whether the properties belonged to him absolutely as his self acquired properties or his joint family properties, that controversy is not present in this Court. It is now admitted on all hands that the properties belonged absolutely to Vazhithunai Mudaliar. He died on 18.12.1948 leaving a will dated 15.3.1944 marked as Ex.B.43. He had a wife by name Kanniammal, four daughters, namely, Nagarathinammal, Kanakavalli Ammal, Indirani Ammal and Kanakammal and a son by name kanniappa. Kanniappa died on 3.4.1963 leaving a widow by name Muniammal. Nagarathinammal had two sons, Madhavan and Vasudevan. The appellant in both the appeals is the said Madhavan. It is not necessary to refer to the other members of the family for the purpose of these two appeals.

2. Kanniammal, the wife of Vazhithunai Mudaliar, filed a suit in O.S. No. 4 of 1969 for partition and separate possession of her 3/4th share in the properties left by her husband claiming that she was entitled to one half share on the death of