T.L. Viswanatha Iyer, J.

1. Appellant herein filed the suit for partition and separate possession of his 1/6th share in the plaint schedule properties. These properties admittedly belonged to one Kunkan Adiyodi, who died on March 2, 1977 at the age of about 92. Kunkan Adiyodi had four sons, namely the plaintiff, defendants 1 and 2 one Padmanabhan Nambiar who was dead prior to the filing of the suit, and whose heirs at law arc defendants 10 to 16. Kunkan Adiyodi had also two daughters, namely the 3rd defendant and one Madhavi Amma who was also dead before the filing of the suit and whose heirs are defendants 4 to 9. Plaintiff claimed 1/6th share in the properties which belonged to Kunkan Adiyodi as if he died intestate.

2. The 1st defendant, the 2nd defendant, the 3rd defendant and defendants 4 to 9 filed separate written statements contending that the plaint schedule properties were not partible as claimed by the plaintiff, in as much as Kunkan Adiyodi had executed a will on January 6, 1971, a registration copy of which was produced and marked as Ext. B3 in the suit, and that the properties had devolved on the various parties as per the terms of the will. Plaintiff had right