1. Theunsuccessful defendants 1 and 2 have filed this second appeal.

2. The plaintiff on the basis Ex.A-2 settlement deed dated 27.3.1969 filed a suit for declaration and partition of his 1/17th share in the suit property. According to him, under Ex.A-2, one Perumal Iyer executed the settlement deed and thereby the plaintiffs is entitled to 1/17th share. The plaintiff is one of the sisters children of Ponnammal, who is the wife of Perumal Iyer. It is not in dispute that Perumal Iyer died issueless.

3. The defendants contested the suit contending inter alia that Ex.A-2 is not the settlement deed as alleged, but it is only a Will. According to them, the suit property originally belonged to Gopal Iyer, the 1st defendants grandfather. In the partition, Perumal Iyer got the suit property towards his share. Perumal Iyer died issueless. He executed a registered Will dated 30.7.1972 bequeathing the suit property to the defendants 1 and 2. This was with the knowledge of the relatives including the plaintiff and so the plaintiff cannot claim any right in the suit property. Referring to O.S.No.636 of 1972, the defendants have come forward with the plea that the plaintiff is preclude