JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree, dated 28.02.2017, passed in A.S.No.8 of 2016, on the file of the District Judge, Sivagangai, confirming the decree and judgment, dated 10.03.2016, passed in O.S.No.143 of 2010 on the file of the Sub Court, Sivagangai.)

1. The appellant is the appellant /defendant, the first respondent is the respondent / plaintiff before the Court below. the respondents 2 to 5 herein are the Legal Heirs of the deceased first respondent/plaintiff.

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The plaint in brief is as follows:

The suit property originally belongs to one Pala.Karuppiah Servai. The said Pala.Karuppiah Servai had 6 sons and 2 daughters. The plaintiff is the elder son, the defendant is the youngest son. The plaintiff submits that the said Pala.Karuppiah Servai has executed a registered Will under document No.18/2005, dated 13.04.2005 in respect of the suit property. As per the Will, the plaintiff is entitled to get eastern ½ share of the suit properties. The plaintiff also submits that his father Pala