Ramanujam, J.- The first defendant in O. S. No. 1124 of 1960 on the file of the City Civil Court, Madras, is the appellant. The first respondent herein filed the suit for partition of plaint A and B schedule properties and for separate possession of her the share therein and for rendition of accounts of the income derived by the first defendant from the properties from 19th April, 1958. Her case was that the properties set out in the plaint A and B schedules belonged to her husband, Chellappa Naicker, the father of defendants 1 to 3 and grand father of defendants 4 to 8, that the said properties were acquired by Chellappa Naicker out of his own earnings, that Chellappa Naicker died on 19 th April, 1958, that the plaintiff and defendants 1 to 3 have succeeded to his properties each being entitled to a ¼th share in them, that the first defendant refused to comply with the plaintiff’s demand for partition and separate possession of her ¼th share that he set up a will, alleged to have been executed by the said Chellappa Naicker bequeating all the suit properties to him exclusively, that the will set up by the first defendant was not true and valid and that, therefore, she has been comp

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