Mohan, J.

The plaintiffs, who were successful in part in their suit in O.S.N0. 595 of 1973, in so far as they obtained a decree for declaration, possession only with respect of item 2 and not with reference to item 1, and who were also unsuccessful in Appeal No.56 of 1976, have come up by way of this Letters Patent Appeal.

2. The facts lie in a short compass. There was one Govinda Konar, who had two wives Marimuthammal and Lakshmi Animal. The plaintiffs 1 and 2 are the daughters of Govinda Konar through Mari-muthammal the first wife. Defendants 2 and 3 are the sons of Govinda Konar through his second wife, Lakshmi Ammal, the 1st defendant in the suit. Govinda Konar died on 25.8.1965. Shortly thereafter, i.e. sometime in September, 1965, Marimuthammal also died. Lakshmi Ammal, the 1st defendant, was married to Govinda Konar in 1944. Two properties were purchased by Govinda Konar in the name of Marimuthammal, his first wife, under Ex.B-2 dated 15.10.1943 and under Ex.B-3 dated 20.6.1947. We may also at this stage state that Govinda Konar had attested Ex.B-2 sale deed. In March, 1963, Govinda Konar executed a Will. Ex.B=48 appears to be a draft, though it is called an unregis