JUDGMENT

The appellant herein is the appellant / plaintiff and the respondent herein is the respondent / defendant before the Court below.

Both are brothers.

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

3. The brief facts, as referred to in the plaint, are as follows:

The plaintiff and the defendant are the children of one Mr.Govindasamy Vanniyar. According to this plaintiff, the suit property belongs to him, by virtue of the settlement deed, dated 15.12.2003. The plaintiff further submits that, ever since date of settlement deed, the suit property has been in his actual physical possession, and that the revenue records are also standing in his name. This plaintiff submits that, since the defendant has interfered with the possession of their father and compelled their father to divide the property, the plaintiff was constrained to file a suit in O.S.No.90 of 2002, by contending that the suit property belongs to the joint family. In the said suit, the said Govindasamy Vanniyar has set up a defence that, the suit property is his absolute property. Considering his defence, the partition suit in O.S.No.90 of 2002 was dismissed. In th