JUDGMENT

THOTTATHIL B. RADHAKRISHNAN, J.

The first defendant in a suit for partition is the appellant. He challenges the preliminary decree to the limited extent of fastening him with liability to pay the mesne profits referable to plaint B schedule item 1 and plaint B schedule item 4.

2. Govindan and Karthiayani had three daughters and two sons. The three daughters are the plaintiffs. Son Krishnakumar left behind defendants 2 and 3.

3. The plaint proceeded on the basis that the income from plaint B schedule item No. 4, an item from Coimbatore, is being shared and enjoyed by all the parties. The plea is that the income is taken by the first plaintiff and distributed to all the sharers. The plaint B schedule item No.1 is an item in Kozhikode which is in the possession of Benz Motors either as tenants or otherwise.

4. Having examined the impugned preliminary decree, we find that the court below has granted partition in terms of the shares due to the parties. There can be no controversy on that. There is no ground of appeal on that item.

5. Though in the decretal portion of the preliminary judgment, the court below has not mentioned the date from which the mesne profits have to be calculate