1. Plaintiff in a partition suit, O.S. No. 414 of 1976 of the Sub Court, Ernakulam is the appellant herein.

2. First defendant was the widow, defendants 2, 6, 7 and 9 are the daughters and plaintiff, defendants 3 to 5, 8 and 10 are the sons of Matheeis, who died on 3-5-1976. Plaint A schedule properties are immovable properties. The plaint in the partition suit contains two schedules, viz., immovable properties in A schedule and movable and outstandings in B schedule. The main dispute regarding partibility related to the two sets of properties. Defendants 3 and 5 to 7 contended that 11.178 cents of land dealt with under Ext. B1 and included in plaint A schedule item 3 was given to them by Matheeis under Ext. B1 and that the building standing thereon also belonged to them and dealt with by them under Ext. B2 and therefore the land and the building is not partible. There was a further contention that certain items of partible properties have not been included in the plaint. Ultimately parties agreed that the dispute regarding those items not included in the plaint could be agitated in a fresh suit. The former contention regarding 11.178 cents of land together with the buil