MAHARAJAN, J. :- The second defendant appeals. The suit out of which the appeal arises was laid in forma pauperis by respondents 1 to 3, who were minors and were represented by their next friend and mother Kamalammal, for partition and separate possession of their 3/8th share in the suit properties with mesne profits and costs. Sadagopan, who is no other than the father of the plaintiffs (respondents 1 to 3) was impleaded as the first defendant (fourth respondent) herein. Nallathambi Goundan, the appellant, figured as the second defendant in the suit.

2. The facts leading to the institution of the suit may be briefly stated : Vijayaraghavan, Venkatesan and Ranganathan, the plaintiffs in the suit, are the three sons of Sadagopan, the first defendant, whose father Venkatesa Iyengar instituted two suits O. S. 2 and 26 of 1945 on the file of the Sub Court, Salem, for specific performance of two agreements of sale in respect of the suit properties. One agreement related to a portion of the suit properties and had been concluded between Venkatesa Iyengar and Ramaswami Gounder, the father of Nallathambi Gounden, the second defendant in the suit. The other agreement related to the