Sankaran Nair, J.

1. This is an appeal by the plaintiff from a decree passed by the Subordinate Judge of Madura dismissing his suit for a, declaration that a partition, deed alleged to have been executed between the deceased Subba Naik, his paternal uncle and Nagammal, the mother of the minor plaintiff acting on his behalf, on the 8th December 1907, and a will alleged to have been executed by Subba Naick on the 9th December 1907, are not genuine; and, in the alternative, that they are invalid and ineffective to affect the plaintiffs right of survivorship to the joint family properties. Ramasami Naick the plaintifts father, and Subba Naick his brother were undivided brothers Ramasami Naik died on the 27th December 1906 leaving his widow Nagammal and a minor son, the plaintiff. She continued to live in the family house with Subba Naick. On the 7th December 1907 she executed a power of attorney in favour of her Sambandhi Ramaswami Naiken who is defendants 2nd witness. The power of attorney was executed in order to effect a division of her sons share of the joint family property with Subba Naick. The partition, however, was not carried out. Subba Naick was ill for some time and