This Second Appeal is filed by the original defendants no.2 and 3. Parties shall hereinafter be referred to as plaintiffs and defendants.

2. Facts giving rise to the appeal are as under:

Respondents 1and 2 the original plaintiffs instituted a suit for partition and separate possession. Plaintiffs contended that the property as described in Schedules A, Band C was ancestral joint family property and the plaintiffs had 1/5th share in the same property. It is their contention that the suit property is in possession of the defendants 2 and 3. Until their mother was alive she was looking after the suit property which is an agricultural land and a house. Plaintiffs contend that defendant no.1 is claiming exclusive title over the field survey no.252/1 on account of a Will said to have been executed in favour of defendant no.1. The plaintiffs claim partition and separate possession of the suit property.

3. Defendants 1 and' 4 filed their separate Written Statement and admitted that the suit property in Schedules A to C was the ancestral joint family property except field Sur. No.252/1. According to defendants this property was the separate property of the mother of the plaintiffs a