JUDGMENT

Bhavadasan, J, Late Krishnan Nambiar and the first plaintiff had nine children. Four of them, along with their mother, instituted O.S. 85 of 2002 and the other children were shown as the defendants in the suit.

2. The suit was one for partition. Properties admittedly belonged to Krishnan Nambiar, who is no more. A schedule consists of two items of immovable properties and B schedule are movables. The plaintiffs claimed 5/10 shares.

3. The suit was mainly resisted by defendants

1 and 2, who put forward a Will said to have been executed by Krishnan Nambiar on 23.11.1996. As per that Will, 9.17 cents of land with the building therein RFA.333/2005. 2 out of 21 cents shown as item No.1 in A schedule was bequeathed to defendants 1 and 2. They therefore contended that that extent of property with the building therein was not available for partition.

4. The court below refused to accept the Will and decreed the suit as prayed for. Defendants 1 and 2 assail the preliminary decree in this appeal.

5. Learned counsel appearing for the appellants criticized the judgment of the lower court on the ground that the court below has not considered the relevant aspects and has taken into considerat