S. Marimuthu, J.

The appeal is directed against the judgment delivered by the Subordinate Judge of Payyannur in O.S.64 of 1990. The plaintiff is the appellant and the plaintiff and the defendants are brothers and sister. The first defendant and the 3rd defendant died and their legal representatives have been brought on record as respondents. The suit was filed by the appellant for partition of 1/4th share in plaint items 1 to 8 and 1/2 share in item No. 9. The case of the appellant was culled out from the plaint averment a mi documents filed on her side is summarised herein: The plaint items 1 to 8 were set apart to the appellant and her brothers and sister who were defendants 1 to 3 in partition a1ongwith her mother and her mother Madhavi was the sole owner of item No. 9. The mother before her death on 6.12.1984, executed Ext. Al will on 11.2.1974 in which the present item No. 9 shown as item No. 2 was bequeathed in equal rights to the appellant and the third respondent. Aggrieved by the execution of the Will, the first defendant filed a suit after issue of notice for partition in O.S. No. 230 of 1985 impleading his brother and sisters as defendants. In the suit, the pr