Judgment

BACHAWAT, J.: Subramanian Chettiar was the owner of 5 original shares subsequently represented by 1250 shares in the Chop-Leong Watt Hin Rubber Estate in Malacca. On December 9, 1912 Subramanian died leaving behind him his widow and his son plaintiff Shanmugham. In August 1913 the attorney of Subramanian s widow took out letters of administration to his estate. Subramanian, the defendant and certain others were partners in the P. M. S. Firm at Malacca. On July 16, 1915 while both Shanmugham and the defendant were at Malacca they entered into a compromise agreement which is evidenced by Exhibits A-177 and A-178. Under this compromise they agreed that out of the aforesaid original 5 shares in the Chop Leong Watt Hin Rubber Estate 2 1/2 shares would belong to the P. M. S. Firm then represented by the defendant as the managing partner and the remaining 2 1/2 shares would belong to Shanmugham. Under this compromise the defendant agreed and undertook to recover the 5 shares and to account to Shanmugham for the 2 1/2 shares belonging to him and the income and the dividends arising therefrom. On January 7, 1924 while Shanmugham and the defendant were at Malacca they entered into an