Govindarajachari, J.-

This is an appeal against the judgment and decree of Kunhi Raman, J., dismissing C.S. No. 46 of 1945 in which the appellants sued the first respondent, their uncle and the second respondent, their father, for a partition of certain properties claimed to be family properties and for the separation of their three-eighths share therein. The grandfather of the plaintiffs, Seeyali Achari, died on 27th August, 1926, after having executed a will on the 12th May, 1926, whereby he distributed his property amongst his three sons (respondents 1 and 2 and one Arumugha) and four daughters. It is common ground that the property dealt with by Seeyali Achari’s will was his self-acquired property. It is unnecessary to refer to the legacies given to the daughters. A house belonging to the testator in Kallukaran Street, Mylapore, was bequeathed to Arumugha and his wife for their joint and several lives with remainder in favour of their issue, if any, natural or adopted. In the absence of such issue, the house was to pass to the issue of the other sons of Seeyali Achari, namely, respondents 1 and 2. Respondents 1 and 2 were given the house bearing door No. 26, Kapaleeswarar North

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