Varadachariar, J.

1. The appellant instituted the suit on the footing that he had become entitled to the suit properties by the rule of survivorship, on the death of his uncle, one Subbarayudu, in July 1919. Subbarayudu left a will, Ex. XVIII dated 12th July 1913 and defendants 1 to 6 claim as legatees under that will. Questions were raised in the lower Court as to the genuineness of this will and after elaborate trial, the learned Subordinate Judge found that the will was genuine; but as the plaintiffs claim by survivorship, if well founded, would by itself suffice to defeat the operation of the will even if it were true, his learned Counsel here did not attack the lower Courts finding on the question of the genuineness of the will and confined his arguments to the plaintiffs claim under the rule of survivorship.

2. The question argued before us is substantially that raised by the 4th issue in the case. The latter part of that issue related to a contention that even if the suit properties were in any sense and to any extent the self-acquired properties of Subbarayudu, he had thrown them into the common stock and thereby made them joint properties. This aspect of the matter h