ISMAIL, J. :- The plaintiff in O. S. No. 59 of 1962 on the file of the court of the Subordinate Judge of Erode is the appellant herein. The appellant and one Nallaswami Gounder were brothers, being the sons of one Sengoda Gounder. Between the appellant and Nallaswami Gounder there was a partition of all the joint family properties on 24-11-1924 under a document marked as Ex. B-1 in these proceedings. The document recited that with the help of mediators the properties of the joint family were divided as between them, that each of them took possession of the respective shares allotted to them and that from that day on wards one party had no right whatever to trespass into the property of the other. The properties themselves are divided into and described as to schedules, one schedule being allotted to each brother. There was one provision contained in the document, namely, that, if any of the parties went back on the partition arrangement, he would have to pay a sum of Rs. 5,000/- to the other. In 1932, Nallaswami Gounder died and the first defendant in the suit is the only son of Nallaswami Gounder. The second defendant in the suit is a subsequent alienee of survey No. 122/