The defendant in O.S. No. 301 of 1989 on the file of Principal Subordinate Judge, Tirunelveli is the appellant in this appeal. The said suit was filed by the respondents 1 and 2 herein for partition and separate possession of the 1/4th share in the schedule mentioned properties in the plaint by metes and bounds. The suit was decreed by passing a preliminary decree.

2. For the sake of convenience, the parties shall be referred to as they were arrayed in the suit.

.3. The facts that led to filing of the plaint was that the suit property originally belonged to one Mary Fernando. The said Mary Fernando sold the suit property through her power of attorney Innasi Fernando in favour of the defendant and mother of the plaintiffs namely Pushpam Ammal by a registered sale deed dated 211. 1971 and from the date of such purchase, the defendant and mother of the plaintiffs were in peaceful possession and enjoyment of the suit property. While so, the said Pushpam Ammal, mother of the plaintiffs and Thavamani Nadar, husband of Pushpam Ammal and father of the plaintiffs, have jointly executed a registered Will dated 26.03.1985 bequeathing all the properties belonged to them, including t