VARGHESE KALLIATH, J.:- Plaintiff in O. S. 30 of 1977 on the file of the Subordinate Judge's Court, Manjeri is the appellant. Respondent is his wife. The suit is for partition.

2. The masthead of the case is the question is C schedule property a gift by the plaintiff to the defendant.

3. The trial court found that C schedule property is a gift to the defendant by the plaintiff and not liable to be partitioned in this suit. Hence it dismissed the suit in respect of plaint C schedule.

4. There is no dispute between the parties as regards their respective shares. The plaintiff admits that in any case the defendant is entitled to 1/11th share in plaint C schedule property. C schedule property is two deposits of Rs. 20,000/- each in State Bank of Travancore in its Manjeri Branch. The defendant claims that it belongs to her exclusively and so not liable to be shared. She admits that out of this Rs. 40,000/- a sum of Rs. 34,650/-constituted the sale consideration received by the plaintiff and defendant together when they sold an item of property which belonged to them jointly and the overplus of Rs. 5350/- was her own private savings. She further alleges that the amount of Rs. 34,6