This is a Second Appeal against the Judgment and Decree in A.S. No. 310 of 1954 on the file of the District Court of South Arcot, confirming the decree in O.S. No. 83 of 1953 on the file of the Court of the Subordinate Judge of Cuddalore.

Meenakshi Ammal, the plaintiff in the suit, O.S. No. 83 of 1953, sued her husband the first defendant and his brother, the second defendant, for partition and separate possession of a half share in the suit properties and for past and future mesne profits In an earlier suit, O.S. No. 137 of 1950 on the file of the Sub-Court, Cuddalore, Meenakshi claimed separate maintenance from her husband, the first defendant alleging desertion on his part. That suit ended in a compromise between the two spouses and a compromise decree was passed on 21st December, 1951. The amount of maintenance payable by the husband to the wife was fixed at Rs. 150 per mensem and a charge on the properties in that suit was created in favour of the wife for the due payment of the maintenance amount. The razinama between the parties also provided that the properties comprised in that suit, O.S. No. 137 of 1950 were to be enjoyed in common by the husband and the wife as