1. The defendant who succeeded before the Trial Court and lost before the lower appellate Court is the appellant.

2. The suit O.S. No. 64 of 1978 was filed by the respondent before the District Munsif s Court, Kulithalai for a declaration that he was entitled to the suit properties and for consequential relief of permanent injunction restraining the appellant, his men, agents and servants from any manner interfering with the respondent's peaceful possession and enjoyment alleging as follows:- The parties were brothers. Under the original of Ex.A1 dated 26.9.1960, the appellant and the respondent purchased certain properties for a valid consideration of Rs.2,000, each contributing Rs. 1,000. In the re-survey joint pattas in patta No. 427, 1000, 211, 117, 258, 954 and 31 were issued to them. The mother of the parties also had separate properties of her own and after her death in 1967, the parties inherited those properties as her legal heirs. The mother's properties were comprised in S. Nos.1 17 and 247. All the properties purchased by the parties and inherited from their mother were jointly enjoyed by them. There was an oral partition in October, 1973 in which the A Sche