Thangamani, J.

The appellant is the plaintiff in the trial court. Defendants 1 and 2 are his brothers. They are the sons of one Sankiah Pillai and Chithirathammal. While the third defendant is the wife of the first defendant, the fourth defendant is the wife of the second defendant.

Door No.2 in Ramu Pillai Lane, South Veli Street, Madurai, described as item 1 in ‘A’ schedule appended to the written statement of the first defendant originally belonged to the mother of Sankiah Pillai. On the death of his mother Sankiah Pillai became exclusively entitled to this house as his separate property. He was also assigned an extent of .5 cents in Maruthur village. Sankiah Pillai bequeathed these two items in favour of the appellant by his Will Ex.A-1, dated 210. 1966. The appellant claims that on the death of Sankiah Pillai on 29.121973, he became the exclusive owner of these properties. By the same Will Sankiah Pillai purported to bequeath ‘A’ schedule buildings and ‘B’ schedule lands and ‘C’ schedule nanja land described in the plaint. The appellant instituted O.S.No.213 of 1979 on the file of learned Subordinate Judge of Madurai for partition and separate possession of his 1/3