The defendant in O.S.No.172 of 1993 on the file of the Sub Court, Ernakullam is the appellant herein. The plaintiff filed the suit for partition. The case of the plaintiff is that the plaint schedule property having an extent of 88 cents originally belonged to Madhava Menon and his wife Nanikutty Amma. The plaintiff and the defendants are the children of abovesaid Madhava Menon and Nanikutty Amma. Madhava Menon and Nanikutty Amma executed a joint will as document No.6/67 in respect of the property whereby the northern half of 44 cents was demised to the plaintiff and the southern 44 cents to the defendant. Nanikutty Amma died on 31-3-1969. Subsequent to her death, Madhava Menon applied for purchase certificate before the Land Tribunal and obtained the same. As per the defendant, jenmom right absolutely belonged to Madhava Menon alone. The defendant constructed a residential building in the southern half of the plaint schedule property with the permission of Madhava Menon spending her own funds. Part of the fund required for the above construction and improvement of the property had been raised by executing a mortgage by Madhava Menon and defendant. Madhava Menon receive