G. Ramanujam, J.

1. This second appeal was fully heard on 24th August, 1981, and judgment was reserved to this date. When the judgment was about to be pronounced, the learned Counsel appearing for the appellant represents that his client has taken away the papers from him and has withdrawn his authority to appear in this case and as such1 he is retiring from this case. Whatever be the position, since the appeal has been heard and judgment has been reserved, I proceed to deliver the judgment.

2. The plaintiff in O.S. No. 197 of 1972 on the file of the District Munsif, Srivaikuntam in the appellant herein. He filed the said suit for declaration of his title to items 1 to 10 of the plaint first schedule and for an injunction against the defendant restraining them from interfering with the plaintiff's possession thereof. His case as set out in the plaint was as follows :

He, the first defendant and one Rathinaswami Nadar, the husband of the second defendant, were brothers. They orally partitioned most of their common family properties in the year 1967 and in that partition, the plaint first schedule properties comprising 13 items were allotted to the plaintiff, the second schedul