JUDGMENT :

(Prayer: Appeal under Section 96 of C.P.C., against the judgment and decree dated 15.10.1996 made in O.S.No.20/94 on the file of the Court of the First Additional Sub Judge at Pondicherry.)

1. The Appeal suit on hand is filed against the judgment and decree passed in O.S.No.20 of 1994 dated 15th October 1996.

2. The Suit is for Partition. The plaintiff is the appellant in the appeal suit. The suit was filed to declare that the Will dated 06.08.1984, registered on 11.08.1994 by Sivaprahasam is null and void and in the alternative to declare that the Will is invalid to the extent of 7/8th portion of the suit properties and for passing a preliminary decree for partition of 1/5th share in the suit properties or in the alternative for passing a preliminary decree for partition of 7/40 share in favour of the plaintiff and separate possession of the same to the plaintiff after final decree.

3. The contention of the plaintiff before the Trial Court was that the properties described in the plaint originally belonged to Sivaprahasam, the father of the plaintiffs and defendants. He died on 31.10.1987 and his wife Kamalambal pre-deceased him. The said Sivaprahasam was a Hindu and he acq