G. B. PATNAIK, J.

( 1 ) DEFENDANT No. 6 is the appellant. The plaintiff filed the suit for partition of the plaint schedule property claiming on the basis of a registered will executed by his grandfather Chetti Venkataswamy in 1953 (Ext. 43 ).

( 2 ) ONE Sarathi had two sons, Venkataswamy and Narasimhulu. Venkataswamy died on 5-5-1957 leaving his widow Ammayamma and two sons Krishnamurty and Balakrishna (defendants 4 and 6 respectively) and daugher Sundaramma (defendant No. 8 ). Krishnamurty' wife is Anusuya (defendant No. 5) and Balakrishna' son is Jagannadha (defendant No. 7 ). Krishnamurty' son Chandrasekhar is the plaintiff and the three daughters Suguna, Geeta and Vanaja are defendants 1, 2 and 3 respectively. Narasimhulu died on 24-4-1952 leaving three wives, Narasamma, Sundaramma and Manikyamma who were issueless. According to the plaintiff' case, Venkataswamy and Narasimhulu had a business of selling country cigar and out of the money thus earned lots of properties were acquired. After death of Narasimhulu in 1952, his three widows filed suits for partition which were ultimately disposed of on compromise and in the said compromise Venkataswamy got 10 annas share and the th