1. The principal question in this appeal by the defendants in a suit for partition is whether a residential building which stands on item 1 belongs exclusively to the first defendant or is available for partition. Items 1 to 6 (subject to the controversy about this building) admittedly belonged to one Sadanandan, son of the second plaintiff and husband of the first defendant and father of defendants 2 to 4. He died on February 31962, leaving the second plaintiff and the defendants as his heirs, each being entitled to 1/5th share. By Ext P1 dated June 3, 1966 the second plaintiff made a gift of her I/ 5th share to her daughter the first plaintiff. In 1967 they brought this suit for partition. Sadanandan had a Post Office Savings Bank Account evidenced by the Pass Book Ext. D9. This was converted into a joint account in the names of himself and the first defendant in 1959. At the time of his death, the account stood at Rs. 16,594.15 and by May 1965, all this had been withdrawn by the first defendant, leaving a balance of Rs. 70. 17, as is disclosed by the fresh Pass Book (Ext. D9 (a)) issued in lieu of Ext. D9. The first defendant had contended that the disputed building