JUDGMENT

Aggrieved over the dismissal of the suit filed for partition, this appeal is filed.

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

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:-

The plaintiffs and the second defendant are the sons of the first defendant. The parties were residing as joint family. The mother of the plaintiffs died on 18.10.2009. The first schedule property originally belonged to the grandparents of the plaintiffs namely, Muthiah Mudaliar and Muthammal. They have executed a conditional sale on 01.03.1946 for himself and as guardian for the first defendant along with plaintiffs' aunt Pitchaiammal in favour of one Gomathy Mudaliar. The said Gomathy Mudailar also executed an agreement dated 09.03.1946 agreeing to execute the reconveyance on 08.03.1961. Since she had failed to do so, the first defendant had filed a suit in O.S.11 of 1961 before the District Munsif Court, Tirunelveli and the suit has been decreed and the property has been registered in favour of the first defendant. After the purchase, he made improvements and put up construction in the first schedule prop