JUDGMENT :

(Prayer: Appeal Suit filed under Section 96 read with Order 41 Rule (1) of the Code of Civil Procedure against the Judgment and Decree dated 04.12.2013 in O.S.No.8475 of 2011 on the file of the learned III Additional Judge, City Civil Court, Chennai.)

1. The defendant is the appellant before this Court. He has filed the above appeal challenging the Judgment and Decree granted by the learned III Additional Judge, City Civil Court, Chennai in O.S.No.8475 of 2011 dated 04.12.2013. The said suit was filed by the plaintiff/respondent claiming partition and separate possession of his 1/2 share in the suit schedule property. The parties are referred to in the same litigative status as before the trial Court.

2. The facts in brief which are essential for deciding the above Appeal are herein below narrated:

PLAINTIFF’S CASE:

The plaintiff would submit that he and the defendant who are the siblings had been carrying on business in the name and style of “Om Murugan Agency” with each of them contributing equally to the Partnership. It is the case of the plaintiff that in the year 1