Shiv Dayal, J.

This first appeal arises out of an unfortunate litigation between two full brothers Their father Sohrabji F. Motiwala, resident of Guna died on November 9, 1949, at the age of 70. According to Rustomji (elder brother, the Plaintiff), Sohrabji died intestate. On that day, he was not at Guna, as he had been living in Bombay for sometime past. Bahramji (younger brother, the Defendant) had been residing with his father at Guna. When the Plaintiff came down from Bombay to Guna on November 13, 1949, he found that his father's safe had been opened by his younger brother, who produced a will dated August 24, 1940 (Exh. D-4) stating that it had been found in the safe. This will was in the handwriting of the deceased but it was not validly attested. However, on February 22, 1950, an agreement was arrived at between the two brothers and it was registered. It was agreed that a share of 7 annas would go to each one of them and the balance of one anna would go to Putla Bai, the adopted daughter of the deceased. It was also stipulated that in case any valid will of Sohrabji were subsequently discovered, the latter would override the said agreement. On February 7, 1951, the P