ORDER

1. Leave granted.

2. Heard Mr. S. Nagamuthu, learned counsel appearing for the appellants and Mr. V.N. Subramaniam, learned counsel appearing for the respondent.

3. This appeal is by the defendant against the judgment dated 7.11.2016 passed by the Madras High Court, Madurai Bench in Appeal Suit (MD) No.55 of 2002 wherein the High Court had reversed the judgment of the Trial Court dismissing the suit for partition.

4. The first item of the property is in possession of the plaintiff and the second item of the property is in the possession of the defendant. The suit for partition came to be filed by the respondent herein claiming half share in both the suit properties on the ground that no partition has taken place in between the brothers at an earlier point of time and therefore, he is entitled to half of the share, inasmuch as both the suit properties are purchased by the funds earned by both the parties.

5. The Trial Court dismissed the suit, relying upon the Partition Deed Ext.B7 dated 07.04.1983 wherein the parties have mutually divided the properties between them. The High Court in the First Appeal reversed the judgment of the Trial Court and decreed the suit mainly on the