JUDGMENT :

H B PRABHAKARA SASTRY, J.

1. This is the 1st defendant's appeal. The present respondent No.1 as a plaintiff, had instituted a suit against the present appellant and present respondent No.2 arraigning them as defendant Nos.1 and 2 in O.S.No.16950/2004, in the Court of learned XXVIII Addl.City Civil Judge, at Mayohall Unit, Bengaluru, (hereinafter for brevity referred to as 'trial Court'), and had sought the relief of specific performance in the form of execution of a registered Rectification Deed and in the alternate, for partition and separate possession of 1/3rd share in Schedule Item Nos.1 to 3 properties and also for permanent injunction.

2. The summary of the case of the plaintiff in the trial Court is that, himself and defendant Nos.1 and 2, are the sons of one Sri U.Ramakrishna. Defendant No.1 i.e., the appellant, is the eldest among the three to the suit. All the three were residing jointly and acquired three sites out of their joint earnings, however, those sites were got registered in the name of defendant No.1/ appellant, since he being the elder member of the family and was also the Karta of the joint family. All the three sites i.e., Site No.25, Site No.13 and S