The plaintiff has filed this suit for partition and allotment of his half-share, he being entitled to one half and the defendant the other half, in the property, Odeon Theatre, in Woods Road, Royapettah, Madras. The plaintiff has set out in his plaint the reasons and the circumstances under which he was obliged to file the suit for partition.

The plaintiff has stated that the property is such that it is incapable of division by metes and bounds and that the proper way of effecting a just and fair partition of this property is to direct a sale of the property and divide the net sale-proceeds into two equal half-shares between the plaintiff and the defendant. The defendant who is contesting the suit however, would not accept the stand taken up by the plaintiff that the property is incapable of division. He would have it that the property could be conveniently and without prejudice to the rights of the parties divided into equal half shares. The further case of the defendant is that, in any event, if this Court should take the view that the only way of dividing the property is to direct a sale of the theatre outright, the plaintiff should be directed to sell his half-share t