The plaintiff is the appellant in the suit and the appeal is preferred against the judgment and decree dated 29.08.1997, in A.S.No.21 of 1995, on the file of the learned Principle District Judge, Tuticorin, confirming the judgment and decree dated 02.03.1994 in O.S.No.289 of 1989 on the file of the District Munsif Court, Srivaikundam.

2.The suit is filed for partition and for mesne profits. According to the plaintiff,the first schedule of the suit property belonged to one Marimuthu Thevar, the father of the plaintiff, who was doing brokerage and the income was not sufficient. The husband of the plaintiff assisted the said Marimuthu Thevar and with their joint efforts, the second schedule property was purchased in the name of Mrimuthu Thevar and in the 4th item, Marimuthu Thevar constructed two houses. The third schedule property belonged to the mother of the plaintiff, namely, Petchiammal and she died in the year 1957. Marimuthu Thevar had executed a registered will dated 20.04.1970 bequeathing the properties to others against the interest of the plaintiff. He revoked the will and on such revocation, Marimuthu Thevar insisted the plaintiff to execute a release deed in h