P. Sathasivam, J.

The above Civil Miscellaneous Appeal has been directed against the order of the II Additional Judge, City Civil Court, Madras dated 30-4-1992 made in A.S.No.393/89 wherein the learned Judge remanded the suit to the trial Court (III Assistant Judge, City Civil Court, Madras) for fresh disposal in conformity with Section 4 (1) of the Partition Act. First defendant in I.A.No.9105/81 on the file of 3rd Assistant Judge, City Civil Court, Madras is the appellant in the above appeal. The respondent herein/plaintiff filed the said suit for partition. The suit property is a building bearing Door No. 70/1, New No.13 in Sundaraja Perumal Koil street, Peravellore, Madras-82, originally belonged to one Athiammal. She executed a settlement deed on 19-2-1951 in respect of the said property in favour of defendants 1 and 2 who are brothers. They were residing in a portion of the suit building and had let out the remaining portions to defendants 3 to 9. The first defendant was not amenable to give due share to the 2nd defendant in the suit property; accordingly, the 2nd defendant went out of the same and to live in his wife's house. The second defendant offered to sell hi