Shaffique, J.

The second defendant in a suit for partition of the plaint schedule properties has preferred this appeal challenging the preliminary decree passed by the Court below as per judgment dated 13/1/2004 in OS No.652/95. The subject matter in issue in the appeal is only with reference to item Nos. 1 and 2 of plaint A schedule property.

2. The property was originally purchased by Smt. Dorris Luiz as per Ext.A1 registered sale deed dated 3/8/1962. She died on 14/7/1973 leaving behind her husband S.P.Luiz and five children. S.P.Luiz expired on 25/5/1976. Their first son, Dennis Luiz died on 8/4/1992. Plaintiffs are the legal heirs of Dennis Luiz. The first defendant in the suit is the second son of S.P.Luiz and Dorris Luiz. Defendants 2 and 3 are the daughters. The first defendant died during the pendency of the suit and accordingly, his wife and children were impleaded as additional defendants 4 to 10. 11th defendant who is impleaded subsequently is another daughter of the couple. The plaintiffs claimed 1/4th share in the property being the legal heirs of the deceased who had on their death became the co-owners of the property.

3. The defendant filed a written statemen