Varadachariar, J.

1. This second appeal arises out of a suit for the recovery of the plaintiffs one-third share in certain items of immovable property and for incidental reliefs. It is the plaintiffs case that his deceased brother Yerikalappa, the second defendant and Nettekalappa the father of the first defendant were partners in an Abkari business from 1892 to 1904, that out of the funds of that business they purchased the suit properties, that in 1904, there was a dissolution and settlement of accounts between them evidenced by Ex. A, that under that arrangement provision was made for the discharge of debts and for division of the outstandings and that as regards the immovable properties which had been purchased with the funds of the partnership, the three partners agreed that they should be entitled to the same in equal shares. The plaint adds that for many years after the date of Ex. A, Yerikalappa and after his death the plaintiff as his surviving brother were receiving his one-third share of the income of the suit properties. The plaint prayed for division of the immovable properties thus held in common. The first defendant, who is the principal contesting defendant,