The civil revision petition arises under the following circumstances:

The first respondent herein filed suit/ O.S.No.521/1996, before the District Munsif's Court, Valangaiman, against his brother/the second respondent herein for a declaration that the suit property belonged to him absolutely pursuant to a settlement deed, dt.8.12.1986, by Late Sulochana Bai, mother of the parties. The second respondent was given permission to occupy the property for a period of six months to enable him to get possession of another property which the mother wanted to give him, and before doing which, she passed away. After her death, her heirs, including the first respondent herein, settled the other property on the second respondent. As the defendant did not vacate the property, notice was issued. The second respondent sent a reply refusing to vacate the premises stating that Sulochana Bai had executed a Will on 21.2.1986 bequeathing the suit property to his son as well as the first respondent's son and therefore the first respondent had no title over the same. The first respondent took a stand that the registered Will alleged to have been executed by Sulochana Bai was cancelled by her b