JUDGMENT :

(P. Krishna Kumar, J.)

The appellant filed a suit for partition of two items of properties against her brothers and the children of deceased siblings. The first defendant, the appellant's eldest brother, contested the suit, claiming that one of the properties—a residential building and 14.875 cents of appurtenant land—belongs to him under a Will executed by their mother. Accepting the first respondent's contentions, the trial court decreed the suit in part, excluding the said residential plot. This appeal is preferred against that judgment.

2. For the sake of convenience, the parties will hereinafter be referred to as they were arrayed in the suit. The skeletal facts necessary for the disposal of this appeal are as follows: The plaintiff, defendants 1 and 2, the late Smt. K.R. Indira, and the late Sri K.R. Jayasanker, are the children of Sri. K.S. Raghavan and Smt. P. Bhavani. Raghavan served as the Secretary to the Government of the erstwhile Thiru- Kochi State and died in a plane crash in 1952. The plaintiff is a medical doctor who had served at Apollo Hospital, Chennai, and KIMS Hospital, Thiruvananthapuram. The first defendant retired as the Chief Technical Examiner