A.S. VENKATACHALAMOORTHY, J.

The plaintiff in O.S.No.967 of 1980 on the file of the Subordinate Judge, Coimbatore is the appellant.

2. The case of the plaintiff can be set out as hereunder:-

The plaintiff and the first defendant are brothers and sons of one Patti Gounder who died in the year 1977. The defendants 2 to 4 are sons of the first defendant.

The plaint 'A' and 'B' schedule and other items of properties belonged to the plaintiff, the first defendant and their father late Patti Gounder. There was a partition in the family on 31.3.1955. According to the plaintiff, Patti Gounder assured at that time that in respect of his share, he would see that after his demise the properties go to both of them, namely, the plaintiff and the first defendant in equal share. Only because of that, the plaintiff agreed for the 1955 partition and allotment of one share to the first defendant, even though under law, the first defendant was not entitled to any share after execution of the deed of surrender in the year 1950. After the partition in the year 1955, Patti Gounder was in possession and enjoyment of his share till his death.

As per his assurance, late Patti Gounder executed a reg