The first defendant challenges the final decree for partition. The plaintiff is the husband of the first defendant. The 2nd defendant is their son. The plaintiff and first defendant has a daughter as well. They are Namboodiris. In the illom partition, the plaint schedule property and more extent was allotted to the plaintiff, first defendant and their children. As per a subsequent partition, the plaint schedule property was allotted to the plaintiff and defendants. Each of them has one third share in the plaint schedule property having an extent of 13.5 cents in which a residential building and a commercial building are situate. Preliminary decree declared their shares. The plaintiff filed the application for passing the final decree. A commissioner was appointed. He submitted a plan, report and account. The trial court accepted the same and passed the final judgment and decree. The defendants unsuccessfully challenged the final judgment and decree before the District Court. Dissatisfied with the concurrent findings, the first defendant has come up in Second Appeal.

2. Sri. Ranjith Thampan, the learned counsel for the appellant contended that the preliminary decree and t