JUDGMENT :

N.SATHISH KUMAR, J.

Aggrieved over the judgment and decree of the trial court dismissing the suit for declaration and for partition and granting only permanent injunction restraining the defendants except by due process of law, the unsuccessful plaintiff has filed the present first appeal. The parties herein are referred to by their respective ranks before the trial court.

2.The brief facts of the plaintiff’s case is as follows:

(a)The plaintiff is the son of the first defendant and second defendant is the brother of the plaintiff. An extent of 3600 square feet in Plot No.5 in Survey Nos.12/4, 12/5 and 12/6 in No.106, Koyambedu village was originally purchased by one Mr.K.G.Mahadevan, the father of the first defendant and grand father of the plaintiff and the second defendant. After the purchase, he threw the property into hotchpot of the joint family. The joint family consisted of the said Mr.K.G.Mahadevan, his two sons, namely the first defendant Mr.K.M.Ganapathy and his brother Mr.K.M.Subramanian. The said Mr.K.G.Mahadevan has put up the construction after the purchase out of the joint family nucleus and also the amount contributed by his wife Mrs.Annapoorni. The said Mr.