1. The appellant having obtained a decree in O.S. 11 of 1952 against respondents 1 and 2 for the recovery of possession of a building with arrears of rent, put the decree in execution, but was met with a contention by the latter, that, by virtue of a pre-decretal agreement between the parties, the appellant has no right to execute the decree. According to the appellant, the property on which the building is situated, was obtained by him on kanom-kuzhikanom from the tarwad of respondents 1 and 2 and they were lessees of the building under him. Respondents 1 and 2 had obtained the property under a maintenance allotment from the tarwad and they sued the appellant in O.S. 287 of 1952 of the same Court for the redemption of the kanom-kuzhikanom, while two junior members of the tarwad also sued in O.S. 347 of 1952 of the same Court for setting aside the maintenance allotment in favour of respondents 1 and 2. The three suits were jointly tried, but during the course of the trial, and as found concurrently by the Courts below, the appellant agreed not to execute the decree which may be passed in O.S. 11 of 1952 and respondents 1 and 2 did not press their contentions in the suit