1. Challenge in this second appeal is made to the judgment and decree dated 29.11.2002, passed in A.S.No.49 of 2002, on the file of the Additional District and Sessions Judge cum Chief Judicial Magistrate Court, Namakkal, confirming the judgment and decree dated 23.04.1996, passed in O.S. No.567 of 1994, on the file of the Principal District Munsif Court, Namakkal.

2. Parties are referred to as per their rankings in the trial Court.

3. Suit for declaration, permanent injunction and mandatory injunction.

4. The case of the plaintiff, in brief, is that the plaintiff and the defendant are brothers. The plaintiff and the defendant owned ancestral properties in survey No.85/B and accordingly, effected division of their ancestral properties orally and thus, the properties sub divided in survey No.85/B1 was allotted to the plaintiff and the property sub divided in survey No.85/B2 was allotted to the defendant and accordingly, the parties are enjoying their respective shares by obtaining patta, paying kist etc., The plaintiff has filed the plaint plan depicting the topography of the properties belonging to the parties concerned and at the time of effecting the oral partition of the