R. Bhaskaran, J.

This second appeal is filed by the second defendant in a suit for partition. The trial court granted a decree for partition subject to reservation of tenancy right claimed by the second defendant. The appellate court found that the reservation of tenancy right in favour of the second defendant is illegal and directed those items also to be partitioned.

2. The plaint schedule properties belonged to Asanaru Pillai. The plaintiff and defendants 1 to 6 are the heirs of Asanaru Pillai. Asanaru Pillai died on 31.7.1976. The 6th defendant is his widow and plaintiff and defendants 1 to 5 are their children. After the death of Asanaru Pillai the legal heirs except the second defendant had executed a partition deed dividing the properties between them. The second defendant refused to be a party and contended that Asanaru Pillai has executed a will in his favour giving the properties exclusively to him. Since the second defendant has takenup a stand that all the properties belonged to him, the plaintiff was compelled to file the present suit.

3. The defendants 1,3,4 and 6 filed written statement supporting the plaintiff and prayed for allotment of 7/40 share to the f