1. This appeal arises out of a suit for money. Plaintiff is the appellant.

2. Defendant 1 was the karnavan of a Moplah tarwad. In 1939 there were only two other members in the said tarwad, namely, the plaintiff and his mother, and they brought a suit, O. S. No. 103 of 1939, in the court of the Subordinate Judge of South Canara against defendant 1 for partition and recovery of possession of their share in the tarwad properties. Plaintiff's mother died subsequent to the institution of that suit; and after her death a compromise was effected between the plaintiff and defendant 1 and a preliminary decree was also passed in O.S. No.103 of 1939 on 20-1-1942 in pursuance of the compromise. By the preliminary decree 2/3 of the tarwad properties was awarded to the plaintiff and 1/3 to defendant 1, and it was also provided therein that until the final decree defendant 1 would be in possession and enjoyment of items 1 to 235 in the plaint schedule in O.S. No. 103 of 1939 and the plaintiff was to be in possession and enjoyment of certain other properties. On 3-12-1948 a final decree was passed in the suit in accordance with the above preliminary decree, and in the division effected