1. The aggrieved defendants have preferred the Second Appeal against the judgment and decree in A.S.No.32 of 1985 on the file of Sub Court, Nagapattinam dated 18.10.1985.

2. The case of the plaintiff is as follows: The plaintiff filed a suit for declaration as well as recovery of possession. The suit property is a shop situate in Poonthottam bazaar. The 1st defendant is none other than the plaintiffs fathers brothers son. The 2nd defendant is the son of the 1st defendant. The father of the plaintiff did when he was young and, as such, the plaintiff and Narayanasamy Pathar were residing jointly and looking after the family business. There was partition on 17.7.1957, in which the suit property fell to the share of Narayanasamy Pathar, who is the plaintiffs fathers brother. There was misunderstanding between Narayanasamy Pathar and the 1st defendant and as such, Narayanasamy Pathar was residing with the plaintiff for a period of 10 years, the plaintiff was looking after Narayanasamy Pathar. Even under the partition deed, no house property was allotted to the plaintiff. Narayanasamy Pathar has promised to construct a house to the plaintiff, but he could not carry out the same.