S. Nagamuthu, J.

The 4th respondent Mrs. Amirthammal @ Ponammal filed a suit in O.S. No. 245 of 1987 on the file of the learned Subordinate Judge, Poonamallee, for partition and for allotment of her ?th share in the suit properties. One Mrs. Chellammal was the 5th defendant in the suit. The respondents 1 to 4 herein are the defendants 1 to 4 in the suit. During the pendency of the suit, 5th defendants Mrs. Chellammal died and in her place the appellants herein were brought on record as the legal heirs. The trial court by decree and judgement dated 22.01.1993 decreed the suit as prayed for. As against the same, the defendant 1 to 3 filed an appeal in A.S. No. 46 of 2012 before the learned Additional District Judge, Poonamallee. The first appellate court by decree and judgement dated 18.04.2015, allowed the appeal and set aside the decree and judgement of the trial court. Aggrieved by the same, the legal representatives of the 5th defendant have filed the present second appeal.

2. The case of the plaintiff - Mrs. Amirthammal @ Ponamma ¼th respondent herein is as follows;-

The suit properties were originally owned by one Sri. Chinnappa Naicker. The said Sri. Chinnappa Naicker had a son by name Sri. Kuppusamy Naicker. The said Sri. Kuppusamy Naicker's wife is Mrs. Dhanammal. Sri. Kuppusamy Naicker and his wife Mrs. Dhanammal had 3 sons and 2 daughters by name, (1) Kanniappa Naicker, (2) Jayaraman, (3) Kasi, (4) Amirthammal and (5) Chellammal. Sri. Chinnappa Naicker died. The said Sri. Kuppusamy Naicker died in the year 1963 while Mrs. Dhanammal died in the year 1981. The defendants 1 and 2 are the children of Sri. Kanniappa Naicker and their father died in the year 1976. Sri. Jayaraman is the 3rd defendant and Sri. Kasi is the 4th defendant in the suit. Mrs. Amirthammal @ Ponnammal, who one of the daughters of Kuppusamy Naicker, is the plaintiff. Mrs. Chellammal, the 2nd daughter of Sri. Kuppusamy Naicker and Mrs. Dhanammal, was the 5th defendant in the suit. The appellants herein are the children of Kasi Naicker. He also died during the pendency of the first appeal. The respondents 5 to 7 are his legal representatives.

3. According to the plaintiff, Sri. Chinnappa Naicker died intestate and, therefore, the suit properties were inherited by Sri. Kuppusamy Naicker. The said Sri. Kuppusamy Naicker also died intestate and, therefore, his 3 sons and 2 daughters are entitled for equal shares. That is how, the plaintiff claims ?th share in the suit properties.

4. The 1st defendant-Sri. Sadhu and the 2nd defendant Sri. Gajendran have filed their written statement wherein they have stated that the plaintiff-Mrs. Amirthammal @ Ponnammal and the 5th defendant - Mrs. Chellammal have got no right whatsoever over the suit properties. They were in fact ousted from the possession of the suit properties.

5. The 5th defendant was sailing with the plaintiff. The defendants 3 and 4 remained ex parte.

6. Based on the above pleadings, the trial court framed appropriate issues. During trial, on the side of the plaintiff, she was examined as P.W.1 and as many as Exs. A1 to A6 were exhibited while on the side of the defendants, the 1st defendant was examined as D.W.1, 3rd defendant was examined as D.W.2 and Sivanantham was examined as D.W.3 and the 5th defendant was examined as D.W.4 and Exs. B.1 to B4 were exhibited.

7. Having considered all the above, the trial court held that the plea of ouster had not been proved by the defendants 1 and 2. As against the same, the defendants 1 to 3 filed an appeal before the II Additional District Judge, Poonamallee. The first appellate court reversed findings of the trial court and held that the plea of ouster has been proved. The first appellate court has further went into the validity of the Will said to have been executed by Sri. Chinnappan Naicker and held that the Will was proved and as per the Will the plaintiff and the 5th defendant are not entitled for any share. It was on those grounds, the appeal was all