M. KARPAGAVINAYAGAM, J.

( 1 ) KOLANDASAMY, the defendant is the petitioner herein.

( 2 ) THE respondent, sister of the petitioner, filed a suit for partition and separate possession of her 1/2 share in suit properties. According to her, the suit properties belonged to the maternal grandfather of the plaintiff and the defendant and after his death, the plaintiff and the defendant became entitled to 1/2 share each in the properties.

( 3 ) THE petitioner/defendant filed written statement stating that the deceased grandfather executed a Will in favour of the defendant and pursuant to the same, the petitioner alone is entitled to the suit properties. Moreover, the petitioner alone is in possession and enjoyment of the properties including the dwelling house. Therefore, the plaintiff is not entitled to any share.

( 4 ) IN view of the plea of the defendant with reference to the entitlement of the properties as per the Will, the defendants side was allowed to examine its witnesses first Accordingly, d. W. 1 to D. W. 3 were examined. After the defendants side was over, on the plaintiffs side, P. W. 1 was examined and the matter was posted for cross-examination P. W. 1.

( 5 ) AT that s