Judgment

BEG,J. - This is a defendants appeal by certificate granted by the Kerala High Court under Art. 133 (1) (a) of the Constitution as a matter of course before its amendment because the High Court had modified a decree in the partition suit and the subject-matter satisfied the requirements of the unamended Art. 133.

2. The parties to the partition suit are descendants of Narayana Prabhu (hereinafter referred to as Narayana). Krishna, the plaintiff (now dead) was the 3rd son of Narayana. The defendant appellant, Venkateswara, was the eldest of the four sons of Narayana. The partition suit related to 72 items mentioned in Sch. A to the plaint claimed by the plaintiff to be joint family property. It appears that there was no dispute with regard to certain items. but, the defendant-appellant claimed other items as his exclusive property on the ground that they had been purchased from his personal income due to his own enterprise and exertions and ability in carrying on business. The trial Court had accepted the case of the defendant-appellant that all items, except No. 35 and a part of item No. 52 which belonged to the 3rd defendant, were the self acquired properties of the defenda