Abdur Rahman, J.

1. The main point to be decided in this appeal relates to the character of the property held by Varada Pillai defendant No. 2. His father Vijayaraghava executed a will (Ex. B) on the 29th April, 1918 under which he bequeathed the property to his sons for enjoyment during their lives. It also provided against the alienations of this property by them but contained a clause that his grandchildren could do so after the property devolved on them subsequent to his sons death. It contained a further provision for charity as well; but we are not at present concerned with the property which was reserved for charity or with the right and duty of conducting the same.

2. Vijayaraghava had three sons at the time when the will was executed, Thiruvengada Pillai, Varada Pillai and Krishna Pillai but the youngest of these (Krishna Pillai) died during his lifetime. Vijayaraghava died in October, 1918, and the eldest son of his, Tiruvengada, five years later.

3. Varada Pillai, the second defendant, entered into a partnership with the first defendant and carried on business for some time. They could not pull on satisfactorily and the first defendant brought a suit for dissolutio