Patanjali Sastri, J.

1. The suit out of which this appeal arises was brought for partition and separate possession of the appellants share of a certain house in Salem Town of which this appeal is concerned only with the eastern portion measuring 10 ankanams which is hereinafter referred to as the house. The facts so far as they are material for the determination of this appeal are briefly these : The house belonged to one Servaraya Chetti who died some time before 1891 leaving him surviving his widow, Minakshi who died in that year. At the time of her death the nearest reversionary heir was one Alagiri Chetti who was the elder brother of Servaraya Chetti and the paternal grand-father of the present appellants. Alagiri Chetti died in 1900 leaving behind five sons of whom respondent 1 herein who has throughout been in occupation of the house is one.

2. The appellants ease was that Minakshi left a registered will by which she devised the house to the five sons of Alagiri Chetti in equal shares of which the appellants claim two shares in the right of their deceased fathers Annaswami and Kanda-swami. As already stated, respondent 1 is one of the sons of Alagiri Chetti and responde