Judgement

DAS, J. :- This is an appeal by the third defendant against the judgment of the Subordinate Judge of Berhampur dated October 27, 1954, decreeing the plaintiffs suit. Originally there were three defendants including the appellant. Defendants 1 and 2 during the pendency of the suit compromised with the plaintiffs whereby the plaintiffs after receiving Rs. 1500/- in cash from the said defendants relinquished all their rights in Sch. A properties. The defendants 1 and 2 in their turn admitted to have no right in respect of B Sch. properties. Defendant 3, the appellant before this Court, alone contested the suit.

2. Plaintiffs case was short and simple. Late N. Krishnamurty, the brother of the two plaintiffs executed a will (Ext. 1) on August 18, 1932, whereby he gave away all his properties to his mother, Rukmini with certain, directions. Krishna Murty had two other sisters, Thyaramma and Ammajiamma. At the time of the execution of the will, Ammajiamma was unmarried. Accordingly, Krishna Murty gave directions by the aforesaid registered will to his mother to alienate certain properties to discharge certain existing debts and to meet the expenses of the marriage of Ammajiamma. A