A.Hariprasad, J.

Defendant in a suit for partition is the appellant. He is aggrieved by the judgment and decree passed by the trial court, rejecting his contention that the subject matter of the suit is not a co-ownership property of the plaintiff and the defendant, but it is a property belonging to a partnership firm, constituted by the parties to the suit. Appellant therefore contended that a suit for partition is incompetent.

2. We heard the learned counsel on both sides. We carefully perused the lower court records.

3. Facts relevant for disposal of the appeal, stated shortly, are as follows: The appellant and respondent are brothers. Two others by names Varghese and Babu, are their siblings. Plaint schedule property was acquired by all the four brothers in the year 1973 as per Ext.A1 registered sale deed. A cinema theater by name 'Thavus Theater' was established in the property under a partnership by all the four co-owners. While so, a suit for dissolution of partnership and rendition of accounts was filed by the appellant and one of his brothers before the Sub Court, Thrissur as O.S.No.1532 of 1992. The suit was decreed by the trial court. The decree and judgment had be