P. GOVINDAN NAIR, C. J. :- This is an appeal by the plaintiff in a suit for partition, and the only contest in this appeal is about the partibility of one item of the properties, namely, Item No. 1 of the A schedule, which was acquired in the name of the deceased husband of the first defendant under the sale deed Exhibit B-1, dated 20-6-1963. There were other items of properties scheduled to the plaint, and no dispute arises in this appeal regarding their partibility. As regards item No. 1 of the A schedule, it was held by the trial Court that it belonged to the husband of the first defendant, the deceased Dandapani Iyer, and that the property was his self-acquired properly and not joint family property. The appeal by the plaintiff before this court having failed, he has come up before this court by way of Letters Patent Appeal.

2. On behalf of the appellant counsel contended that there was clear evidence available in the case about the existence of sufficient nucleus for the acquisition of item No. 1 of A schedule under Ex. B-1, sale deed. Before we deal with this aspect and the arguments advanced we would like to mention a few facts.

3. The plaintiff is the brother of the