R. Subramanian, J.

The second defendant in O.S. No. 111 of 1995 is the appellant herein. The said suit was filed by the first respondent/plaintiff claiming that the suit properties which are 4 in number, were purchased from and out of the contributions of three sons of Munusamy Chettiar; namely B.M. Chenniya Chetty (first defendant), M.Chinnappan (second defendant), and M.Ranganathan, the plaintiff.

2. According to the plaintiff though the family was joint, it has no ancestral property. The first defendant and the plaintiff are doing cloth business, and the second defendant was employed in the Veterinary Hospital. Suit items 1 & 3 were purchased in the names of all the 3 brothers on 25.10.1968, 26.08.1970 and 07.09.1972 respectively. Item 4 was purchased on 26.11.1974 in the name of the first defendant, even though the three brothers are contributed for purchased Item 4 also. According to the plaintiff, none of the properties were divided while the plaintiff was residing in item 2, item 1 was in enjoyment of the first and second defendants. On the above pleadings, the plaintiff sought for partition and separate possession of his ?rd share in the suit properties.

3. The first