JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 19.01.2004 made in A.S.No.5 of 2002 on the file of the Additional District Court, Fast Track Court No.V, Chengalpattu, reversing the judgment and decree dated 30.08.2001 made in O.S.No.76 of 1986 on the file of the Subordinate Court, Tiruvallur.)

This second appeal is directed as against the judgment and decree dated 19.01.2004 passed in A.S.No.5 of 2002 on the file of the Additional District Court, Fast Track Court No.V, Chengalpattu, reversing the judgment and decree dated 30.08.2001 made in O.S.No.76 of 1986 on the file of the Subordinate Court, Tiruvallur.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The case of the plaintiff in brief is as follows :-

3.1. The suit is filed for specific performance and permanent injunction. The first defendant is the brother of the plaintiff. The plaintiff and the first defendant were the members of a joint Hindu family and the suit properties were also their joint family properties. They divided their shares in the joint family properties by a partition deed dated