JUDGMENT

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

This Appeal Suit is filed by the plaintiff, who has lost the suit for partition preferred against his brother. The parties are Muslims and governed by their personal law.

2. The gist of the averments in the plaint is that the suit property morefully described in the plaint was purchased in the name of the first defendant, Babajan on 23.07.1973 from and out of common fund of the family. Thereafter, the plaintiff and the first defendant have jointly improved the property by constructing a building and they were in joint possession and enjoyment of the same. There was no division of the property. While so, in the year 1978, the brothers felt inconvenient to remain in joint possession of the property and therefore, a partition deed was entered into on 02.06.1978, wherein, the plaintiff, the first defendant Babajan and the other brother, Hafeezjan were parties. Accordingly, the suit property was allotted to the plaintiff and the first defendant equally and the said partition deed was duly registered. Since difference of opinion between the plaintiff and the first defendant cropped up, it was suggested to the first defendant to divide the pr