1. The plaintiff who is the appellant has preferred this appeal against the preliminary decree in a suit for partition. The 3rd defendant is the mother of the first defendant while the plaintiff is the first defendant's son. The plaintiff and defendants 1 and 3 are governed by Hindu Mitakshara Law. The plaintiff claimed one-half share in the plaint A and B schedule items on the ground that they are his joint family properties. The trial court dismissed the suit regarding A schedule properties and passed a preliminary decree allowing the plaintiff one-half share in plaint B schedule items. In this appeal the plaintiff claims half share in the A schedule items as well.

2. The first defendant got the plaint B schedule items and a mortgage right of the value of Rs. 2000/-over the plaint A schedule items as per the partition deed Ext. A dated 611097 entered into between him and his brother's son. The properties thus obtained by the first defendant under Ext. A are the joint family properties of the first defendant and the plaintiff. The first defendant filed O. S.64 of 1104 for enforcing the mortgage right and obtained a decree and in execution of the decree he purchased the