JUDGMENT

Mary Joseph, J.—Appeal on hand is filed by the unsuccessful plaintiff in O.S. No.292/04, which is a suit for partition on the files of Subordinate Judges (Additional) Court, Palakkad. The suit for partition was dismissed by the trial court on arriving at a finding that the plaint schedule property is not partible for the reason that a Will was executed by the deceased Narayanankutty in favour of his wife, the 1st defendant and the Will has been acted upon, on his death.

2. The contention of Sri.P.S.Appu, the learned counsel for the appellant/plaintiff was that the judgment and decree under challenge are passed by the trial court erroneously on the basis of improper appreciation of evidence. According to the learned counsel, the appellant and defendants are governed by Hindu Mitakshara Law and on the death of original plaintiff’s son, intestate, the plaintiff being the mother is entitled to get 1/4th share of the plaint schedule property. According to him, the alleged execution of the Will marked in evidence as Ext.B1 is shrouded with suspicion and it ought not to have been relied upon by the trial court for declining the relief of partition against the plaintiff. According