1. This is an appeal by the third defendant questioning the judgment and decree of the lower appellate Court in A.S.No.8 of 1992 dated 28.01.1998 confirming the judgment of the trial Court in O.S.No.6 of 1987 dated 04.11.1991.

2. The first respondent herein is the plaintiff, who filed O.S.No.6 of 1987 for partition of the suit schedule properties against the first defendant – his elder brother, second defendant – first defendant’s wife, third defendant – appellant herein alinee in respect of item 1 of plaint schedule and defendants 4 to 13, who are other alienees of the plaint schedule properties just like the third defendant. The defendant No.14 is one of the brothers, who joined first respondent/plaintiff in filing the suit but was later transposed as defendant No.14. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit.

3. The appellant – third defendant had purchased item 1 of plaint schedule properties and in view of the fact that the dispute relating to other plaint schedule items was already settled during the pendency of the suit, the dispute now survives only to the extent of item 1 of plaint schedule.

4. The plaintiff/f