Madhavan Nair, J.

1. One Jakkarayya, an Indian Christian, died leaving some properties by a "will". In O.S. No. 457 of 1924 the plaintiff, one of his sons, instituted a suit for a part of the properties covered by the "will"alleging amongst other things that the properties were owned by himself and by defendant 1, his brother, that their father had no right to the properties and that he cannot dispose of them by a will. Ha contended that defendants 2 to 7 trespassed upon the properties. Defendant 1 supported the case of the plaintiff. Defendant 7 in the suit is the son of a deceased daughter of Jakkarayya. Ha contended that the properties were the self-acquisition of Jakkarayya, that they were bequeathed by Jakkarayya under a "will"to the plaintiff, defendant 1 and himself in equal shares and that the suit properties fell to his share under a partition. The plaintiffs contentions were rejected by the lower Courts and his suit was dismissed. No second appeal has been preferred against the appellate decree and we are not now concerned with the contentions raised by the parties in this litigation.

2. The present second appeal arises out of O.S. No. 513 of 1924 which was tried an