This second appeal is directed against the Judgment and Decree dated 09.10.2001 passed in A.S.No.40 of 2000 on the file of the Subordinate Court, Bhavani, confirming the Judgment and Decree dated 12.04.2000 passed in O.S.No.475 of 1996 on the file of the Additional District Munsif Court, Bhavani.

2. The second appeal has been admitted and the following substantial questions of law were formulated for consideration:

“(i) Whether the Courts below are justified in holding that vested interest of the suit properties devolved on Nagasubramanian on the death of the testator overlooking the intention of the person creating the bequest as gathered from the words used in the Will Ex.A1?

(ii) Whether the Courts below have interpreted the recitals in the Will Ex.A1 in a proper perspective before arriving a finding regarding the time of vesting with the legatees?”

3. Considering the nature of the issue involved in the matter lying in a narrow compass, it is unnecessary to deal with the facts of the case in detail.

4. Suffice to state that the suit has been laid by the respondents 1 and 2 for partition and permanent injunction.

5. It is not in dispute that the suit property originally belon