GROUNDS OF JUDGMENT.

The Plaintiff and the Defendant in this suit are two of the five sons of one Alagappa Chettiar who died on 11.9.1977. The other three sons are Alagappa Subramaniam, Alagappa Annamalai and Alagappa Arunachalam. During his life and until his death Alagappa Chettiar was the "Karta" of a Joint Hindu Family of which he and the five sons were members. After his death the Defendant became the Karta of the said Joint Hindu Family. At the same time the Defendant together with Alagappa Arunachalam became the joint executors of the estate of Alagappa Chettiar. However on 3.9.1981 Alagappa Arunachalam renounced his executorship thereby leaving the Defendant as the sole executor of the estate of the deceased.

Among the properties of the said Joint Hindu Family were 3 pieces of land, one in Kajang, one in Seremban and another one in Jalan Yap Kwan Seng Seng, Kuala Lumpur. After the Defendant became the "Karta" these 3 pieces of land were sold during the period between August 1979 and June 1982. Following the sale of these properties the Plaintiff requested the Defendant for interim distribution of his share of the proceeds of the sale. Despite repeated requests made by the P