JUDGMENT :

PRAYER: Appeal Suit filed under Section 96 of the Code of Civil Procedure read with Order 41 Rule 1 of CPC against the Judgment and Decree of the learned I Additional District and Sessions Judge, Tiruppur made in O.S.No.331 of 2013 dated 26.10.2017.

The unsuccessful plaintiff in a suit for partition is the appellant before this Court. The facts in brief necessary for disposing of the above appeal is herein below narrated. Parties are referred to in the same ranking as before the Trial Court.

2. The plaintiff had filed the suit O.S.No.331 of 2013 on the file of the I Additional District and Sessions Judge, Tiruppur seeking a partition and separate possession of his 1/3 rd share in the suit schedule property. It is the case of the plaintiff that the 2nd defendant and he are siblings, and their father late is Perumalsamy. The 1st defendant is the younger brother of the Perumalsamy. The plaintiff would contend that this suit property have been allotted to the share of their father under a partition deed dated 14.03.1972, entered between his family members and the suit schedule has been described as the D-Schedule thereunder. On and from the date of the partition the plaintiff h