G. CHOCKALINGAM, J.

1. The Civil Suit is filed by the plaintiff praying for judgment and decree against the defendants:-

(a) For partition of the immovable property described in the schedule hereunder and put the plaintiff in separate possession of 11014/28284 share of the plaintiff by metes and bounds:

(aa) For a declaration that the release deed dated 01.04.2002 registered as Document No. 646 of 2002 in the office of the Sub-Registrar, Periamet, is brought about by fraud and undue influence and is illegal, inoperative and unenforceable and not intended to be a release deed, for cancellation of the said document, and direction to the Sub-Registrar, Periamet, to make entry of such cancellation in the Register. (Amended as per order dated 05.01.2006 in A. No. 1638 of 2005)

(aaa) For Permanent injunction restraining Mrs. Anu Kapur not to interfere with the plaintiff's possession of the pent house 9-A at 52 Taylors Road, Kilpauk, Chennai - 10 and also restraining the defendants from in any way encumbering or alienating the property pent house 9-A situated at 52 Taylors Road, Kilpauk, Chennai - 10. (Amended as per order dated 23.10.2009 in Application No. 5470 of 2009).

(b) Directing the first defendant to render true and correct account of the income from the said property, collected by the first defendant.

(bb) For a permanent injunction restraining the defendants from alienating or encumbering in any manner, pet house 9-C and 9-E situated at 52 Taylors Road, Kilpauk, Chennai - 10. (Amended as per order dated 23.10.2009 in Application No. 5470 of 2009).

(c) For costs of this suit.

2. The case of the plaintiff, as stated in the plaint, (Amended as per order dated 05.01.2006 in A. No. 1638 of 2005 and order dated 23.10.2009 in A. No. 5470 of 2009) is as follows:-

(a) The first defendant is the plaintiff's elder brother and the second defendant is his mother. The suit property belonged to late Ved Prakash Kapur, father of the plaintiff and the first defendant and husband of the second defendant. By a Deed of Settlement dated 31.03.1972 registered as Document No. 1983 of 1972 in the office of the Sub-Registrar, Periamet, the plaintiff's father settled a portion of the said property in favour of the plaintiff. By a Deed of Settlement dated 09.06.1972 registered as Document No. 2917 of 1972 in the office of the Sub-Registrar, Periamet, the plaintiff's father settled another portion of the said property in favour of the first defendant. The plaintiff's father Ved Prakash Kapur died on 29.07.1998 leaving behind him, the plaintiff and the defendants as his legal heirs and the remaining portion of the suit property, without any Will.

(b) With the suggestion of the first defendant for developing the suit property as joint venture, the plaintiff and the second defendant agreed for the same and entrusted the matter with the first defendant for constructing flats and for equal distribution according to respective shares of undivided land. An agreement dated 22.04.1999 was executed between the parties for the said purpose. Three pent houses in the ninth floor would be taken by each of the parties. It was agreed that pent house No. 9-A was allotted to the plaintiff, pent house No. 9-C to the second defendant and pent house No. 9-E to the first defendant. The first defendant is in possession of all the documents. After completion of construction, the plaintiff was put in exclusive possession of pent house 9-A and other two pent houses continued to be with the first defendant.

(c) On 27.07.2004, the plaintiff received a notice of caveat from the defendants and at that time, the plaintiff did not realize the fraudulent and evil design of the first defendant. On 05.10.2004, when the plaintiff was carrying out work in his pent house, the first defendant's men created obstacles. The plaintiff gave a complaint to Kilpauk Police Station, which is pending investigation. A document dated 01.04.2002 registered as Document No. 646/2002 on the file of the