Ramaswami, J.- ‘The first defendant is the appellant. The suit was filed by respondents 1 to 4 for partition and separate possession of their 4/5th share in the plaint schedule properties which consisted of two items. The first item is a pucca house bearing door No. 3/135 and comprised in T.S. No. 10/2191 of Kattur village in Coimbatore town. The second item is given as vacant site measuring 51 cents forming part of T.S. No. 1771/1-A and situate in Pankaja Mills Road, Coimbatore. The appellant and respondents 1 to 4 are hrothers, the appellant being the eldest. The respondents in their plaint stated that they and the first defendant have been living for a considerable time separately each following his own avocation and calling but they have not divided the joint family properties by metes and bounds. Item 1 in the schedule is the ancestral family house in which the plaintiffs are living separately with their own families in different portions. The first defendant has also retained for his own use a portion of the said item. Item 2 is a vacant site measuring 51 cents situate in Pankaja Mills Road. The first defendant appears to have put up some tiled flimsy structures in some porti

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