Srinivasa Aiyangar, J.

1. The suit from which this second appeal arises was one instituted by the plaintiff, respondent 1, for the purpose of setting aside a mortgage decree obtained by defendants 2 and 3 and recovering the properties which were at the auction held in execution of such decree purchased by defendant 1. Defendant 1 is appellant 1 before us. The plaintiffs claim was that under a will of Honnappa his second widow Gangamma obtained the suit properties absolutely, that she in her turn by her will bequeathed these items of property to the plaintiff, that the mortgage suit, though it related to a mortgage made by Honnappa, proceeded making only Gangamma party defendant in the action and when after the preliminary decree was passed she died the plaintiff in that suit without making him the plaintiff in this action, as the legal representative, somehow made the senior widow defendant 4 as the legal representative and proceeded to get the decree absolute and had the property sold. The first Court held against the will under which the plaintiff claimed and dismissed the suit but the lower appellate Court has found both the wills, above referred to, to be genuine. We mus