JUDGMENT :

P.B. SURESH KUMAR, J.

1. Defendants 1 and 2 in a suit for partition are the appellants.

2. The suit properties, 14 items in number, are stated to be held by late Thankappan. The plaintiff is the daughter of Thankappan. First defendant is the wife and defendants 2 and 3 are the sons of Thankappan. The fourth defendant is the mother of Thankappan. The fourth defendant died pending suit and two of her daughters were impleaded as her legal representatives.

3. The case set out by the plaintiff is that Thankappan died intestate on 01.05.1997 and the suit properties consequently devolved on the plaintiff and defendants 1 to 4. The prayer in the suit was, therefore, for partition of the one fifth share of the plaintiff over the suit properties.

4. The defendants contested the suit. In the written statement filed by the defendants on 02.04.2001, it was contended among others, that the suit properties have been acquired by Thankappan in his name making use of the funds provided by defendants 2 and 3 from abroad; that Thankappan had executed a will on 25.12.1996; that as per the terms of the said will, the plaintiff is disinherited, and that the plaintiff is therefore, not entitled to a