JUDGMENT :- The dispute in this second appeal relates to nearly nine acres of land which, along with some other properties, were originally 4 owned by two persons, Adimoolam and Thambusami, and were the subject of a mortgage in favour of one Adinarayana Pillai. One Doraisami became the purchaser of the disputed properties from the owners, Adimoolam and Thambusami, with an undertaking to discharge the mortgage of all the properties. But he did not conform to that agreement.

By his will Ex. D. 7 dated 17-10-1930, Doraisami bequeathed his ownership in these and other properties in favour of his only son, the fifth defendant, and his daughter-in-law the 2nd defendant, for their lives, with a vested remainder firstly in favour of the male children of the fifth and the second defendants, and failing the birth of any male children to them, in favour of their female children, with absolute rights. There were also further directions in the will that in case the fifth and second defendants did not have any progeny, other persons named in the will should take the properties with absolute rights. The result of this will was that on the death of Doraiswami, the fifth and second defendan