The second appeal arises out of a suit for partition filed by the first respondent who purchased 9/16th share in the suit properties from defendants 14 to 16 who are respondents 2 to 4. The suit properties consist of two items the first of them being a house and the second a vacant site. The only question in this appeal is whether the appellants are entitled to purchase the share of the plaintiff under S. 4 of the Partition Act.

2. The plaintiff is the son of one Kayambu Nadar, whose brother was one Peria Karuppa Nadar. In a partition among the brothers, in 1934, the suit properties and two other items fell to the share of Peria Karuppa Nadar. He died leaving five sons and three daughters in 1960. One of his sons died in 1968 leaving defendants 1 to 4 as his heirs. Another son died in 1980 whose heirs are defendants 5 to 12. Defendants, 13, 17 and 18 are the three daughters of Peria Karuppa Nadar while defendants 14 to 16 are his surviving sons. Peria Karuppa Nadar's wife Sankara Avudai died in June 1981. It is admitted in the plaint that Sankara Avudai was living in suit item No.1 till her death. After her death, her children and grandchildren wanted to divide the prope