The plaintiff appeals against the dismissal of his suit O.S. No.87 of 1947 by the Subordinate Judge of Cuddalore. This was a suit for partition and for specific performance, as an alternative relief. The plaintiff and the second defendant are the sons of the first defendant. The first defendant, his brother Ratnavelu Mudaliar, and three others were the sons of one Arumugha Mudaliar. Defendants 3 to 6 are the daughters of Ratnavelu Mudaliar. The family was possessed of some landed properties and there was a partition in the family as between the brothers. The three other brothers separated leaving the first defendant and Ratnavelu Mudaliar as joint, they being entitled in the family properties to a two-fifths share. On 15th February, 1920, Ratnavelu Mudaliar being then the elder of the two brothers mortgaged the properties described in Schedule B, Part I, of the plaint to the father of the 9th and 10th defendants under Ex. B-14 for Rs.2,500. Subsequent to it the first defendant instituted a partition suit in O.S. No. 26 of 1921 in the Sub-Court, Cuddalore, against his brother Ratnavelu Mudaliar and a final decree for partition was passed in 1923. There is not