Alfred Henry Lionel Leach, C.J.

1. The appellants father, one Nattekalappa, the first respondents brother Yarikalappa, and the second respondent carried on business in partnership from 1892 until 3rd May, 1904, when a dissolution took place, During the existence of the partnership certain immovable properties were purchased out of the profits of the business. One lot comprising four items was purchased in the name of the appellants father and another lot comprising three items was purchased in the names of the appellants father and the first respondents brother. On the dissolution it was agreed that the immovable properties should not be divided among the partners, but should be held by them as joint tenants with equal rights. The terms of the dissolution were set out in full in the firms daybook and the statement (Ex. A) was signed by all the partners. The appellants father died in 1921 and the first respondents brother in 1918. The immovable properties eventually came into the possession of the appellant. In 1928 the first respondent filed a suit in the Court of the District Munsif of Gooty for partition of the properties and delivery to him of the one-third share which he