1. The first defendant in a suit for partition is the appellant. The plaintiff is the daughter of one Aboobacker and the first defendent is the son. Defendants 2 to 9 are also the children of Aboobacker. Defendant No. 10 is the widow of Aboobacker. Aboobacker died on 25.2.1974. Plaint E Schedule property having an extent of 17 cents was sold by Aboobacker during his life time. Overruling the contentions of the first defendant the plaintiff was given a preliminary decree for partition awarding the plaintiff seven out of 104 shares in plaint A to D and F Schedule properties. This preliminary decree for partition was confirmed by the appellate court repelling the challenge by the first defendant. Feeling aggrieved the first defendant has filed this Second Appeal.

2. Defendants 1, 4 and 9 sons of Aboobacker had purchased the shares of their sisters other than the plaintiff. The defendants denied the entitlement of the plaintiff to a share. Though the defendants set up an oral gift of the properties by the father to themselves to the exclusion of the plaintiff, the said case was found against and on the materials no reason is found to interfere with that finding by the courts