1. The plaintiff in O.S.No.112 of 1989 and the defendants in O.S.No.129 of 1988 are the appellants. The appellants are brother and sister. The respondents are their brothers. The suit properties belonged to Mariamma Nadachi, the paternal grandmother of the appellants and respondents. According to respondents, she executed a will on 5.11.1986 marked as Ex.A2 bequeathing the properties in favour of the respondents. She died on 26.12.86. With a prayer to grant probate of the said will, the respondents filed O.P.No.68 of 1987. In view of the contest, it was numbered as O.S.No.129 of 1988.

2. The 1st appellant filed a suit in O.S.No.112 of 89 to divide the suit property on the basis that the property was given to his father Varuvel Nadar by Mariamma Nadachi under the settlement deed dated 17.9.1946, marked as Ex.A10. He has also defended the petition filed by the respondents for the purpose of granting probate. The respondents contested the suit for partition on the basis of the will in their favour marked as Ex.A2.

3. The trial court tried the both the suits jointly and delivered common judgment. The trial court found that the will, Ex.A2 dated 5.11.86 is valid and it would