T.C. Raghavan, J.

1. Respondents 5, 7, 10 and 16 to 19 in an execution petition are the appellants and the decree holder the respondent. The decree sought to be executed was passed by the Subordinate Judge's Court of Kasaragod against three defendants, the second defendant being the karanavan of their tarwad. After the decree the tarwad was partitioned; and the 22 respondents in the execution petition were all the members of the entire tarwad. At the time of the partition, all the major members of the tarwad executed an unregistered agreement, Ext. B-3, wherein all the binding debts were included with directions as to who should discharge which of them. The decree sought to be recovered in this proceeding was also included in Ext. B 3; and it was directed to be repaid by the tavazhi of the appellants. The respondent obtained the decree transferred from the Subordinate Judge's Court, Kasaragod to the court of the Munsiff Magistrate at Hosdrug. There was another execution petition pending then in that court against the tarwad of the appellants; and the respondent filed an application for rateable distribution. An amount of Rs. 379. 25 p. was also paid towards this decree. Ther