JUDGMENT

1. The 1^st defendant in a suit for partition is the appellant. The property belonging to the Ammalu Amma was sought to be partitioned in the suit. Ammalu Amma had three children by name Nanikutty Amma, Lakshmi Amma and Kumaran Nair. The plaintiff and the 10^th defendant are the legal heirs of Lakshmi Amma, who was the daughter of Ammalu Amma. The defendants 1 to 3 are the legal heirs of Nanikutty Amma. Defendants 4 to 9 are the legal heirs of Kumaran Nair.

2. As per the plaint claim, the plaintiff is entitled to get 15/90 shares, and the 10th defendant is entitled to get 15/90 shares, a total 30/90 shares to the legal heirs of Lakshmi Amma.

3. The 1^st defendant contested the suit contending that Ammalu Amma had executed Ext.B1 Will of the year 1950 bequeathing the plaint schedule property in favour of him. She died in the year 1953. Thereafter the 1^st defendant has been possessing and enjoying the plaint B schedule property in which the 1^st defendant constructed a house in the year 1973. Even if the plaintiff and other defendants had any right in the property, it has been lost due to ouster and adverse possession.

4. The Trial Court disbelieved Ext. B1 Will and found that the 1