1. The above Second Appeal has been filed by the defendant in O.S. No. 135 of 1977 on the file of the Subordinate Judge, Coimbatore, against the judgment and decree of the learned Additional District Judge, Coimbatore dated 15.4.1982 in A.S. No. 10 of 1981, whereunder the learned judge has chosen to partly allow the appeal, thereby granting relief only in respect of the quantum of damages by reducing the damages awarded by the learned trial judge at Rs. 10,000/- to Rs. 3,000/-with proportinate costs and in other respects confirming the judgment and decree of the learned trial judge dated 19.7.1980 in O.S. No. 135 of 1977.

2. The case of the plaintiff-respondent is that the plaintiff and the defendant are brothers and are also the common owners of a tannery property situated at Kurichi village of Coimbatore, comprising of land, buildings, machinery and other movable allotted to them in the family partition deed dated 31.1.1964. Both parties had equal rights and the properties have not been divided between them. While matter stood thus, it appears misunderstandings arose between parties as early as in 1970. Thereafter in the first week of April 1975, the defendant institut