Ramesam, Offg. C.J.

1. The facts out of which this appeal arises may be stated as follows: One Ramanujulu Naidu died on 31st February 1918 having executed his last will and testament on the preceding day, appointing his wife as the sole executrix and leaving him surviving the said wife Sundararajamma and three sons: Govindarajulu and two others. Under the will he gave a life interest to his widow, but she was given liberty to sell the house and invest the proceeds in three different houses and continue to possess a life interest in the three substituted houses and after her death the houses should belong to the three sons. Probate was obtained of this will on 13th September 1918. Govindarajulu the eldest son filed C. S. No. 628 of 1921 to recover his one third share of the property, which consisted only of a house, on the ground that it was ancestral property and that the testator had no power of testamentary disposition. That suit was disposed of by Coutts-Trotter, J., as he then was. He held that the property was the self-acquired property of Ramanujulu and that the plaintiff had no present right to possession. He therefore dismissed the suit. There was a counterclaim by S