Sathish Ninan, J.

This appeal is by the plaintiff in a suit for partition. The claim in respect of one item of the plaint schedule was dismissed by the trial court against which he is in appeal.

2. The plaintiff, defendants and Augustine E.R. @

Edison are the children of late A.C. Raphel and late Philomina T.J. @ Plamena. The plaint A schedule property belonged to Edison and the plaint B schedule property belonged to Philomina. With regard to the plaint B schedule property, the trial court granted a decree. In this appeal, we are concerned only about the plaint A schedule property.

3. The plaintiff alleges that their brother Edison left the house in the year 1985 and is unheard of since then. It is the case that Edison must be presumed to have been dead and the plaint A schedule property, which belonged to him, is to be partitioned between the plaintiff and the defendants.

4. The defendants supported the claim of the plaintiff.

5. The trial court held that it has not been proved that Edison is unheard of since