BALAKRISHNAN, J.: - Defendants 1,2 and 5 in O. S. 234 of 1984 on the file of Sub-Court, Ernakulam are the appellants. The suit for partition by the first respondent herein was decreed as prayed for and the appeal is directed against that judgment and decree

2. Plaintiff, defendants 1, 3 and 4 are brothers and 5th defendant is their sister. They are the children of Parameswara Iyer and Thailambal. Second defendant is the wife of first defendant. The suit for partition was in respect of 6 3/4 cents of property with a building therein owned by Parameswara Iyer and Thailambal. Parameswara Iyer died on 9-9-93 and Thailambal died on 15-5-82. In the plaint, plaintiff alleged the following facts:

Plaintiff is the eldest child of Parameswara Iyer and Thailambal. The plaintiff had passed school final and as he could not pursue his studies due to poor financial situation he left Kerala at the age of 18 in search of some job and that he got a job in Calcutta and he had been sending money to his parents. Defendants 1, 3 to 5 therein were given proper education and defendants 1 and 3 could become graduates and the 4th defendants studied up to intermediate class and all of them later got