This is a Letters Patent Appeal from the decision of our learned brother Srinivasar, J., and is preferred by the defenants in a suit relating to certain landed properties praying for permanent injunction or in the alternative for possession with future profits. The claim of the plaintiffs is rested on two wills, one dated 7th April, 1934, and the other dated 5th March, 1940, the latter by the person claiming the entirety of the properties under the earlier will. The decree of the trial Court accepting the plaintiffs’ claim and giving them possession, was confirmed on appeal by the learned. Subordinate Judge, Dindigul, and has been affirmed in Second Appeal in this Court. The plaintiffs have been awarded future mesne profits to be determined under Order 20, rule 12, Civil Procedure Code.

The principal questions that arise for consideration are the interpretation of the will dated 7th April, 1934, and the true scope and effect, if any, of sections 106 and 107 of the Indian Succession Act (XXXIX of 1925), in relation to that will. The suit properties, a tope, originally belonged to one Chinnathambia Pillai and he left the will dated 7th April, 1934, a registered instrument, bequ