Rajamannar, C.J.- In O.S. No. 29 of 1948, a suit for partition in the Court of the Subordinate Judge of Ramanathapuram at Madurai, a decree in the nature of a preliminary decree was passed on the 13th April, 1951, which inter alia contained the following clause:

“III. (a) that the 8th defendant be and hereby is entitled to past maintenance due to her mother, 7th defendant for a period from 12 years prior to suit up to 27th November, 1950, the date of death of 7th defendant, at Rs. 100 per mensem;

(b) for the return of the sum of Rs. 500 given by her husband’s family to that of plaintiff and defendants 1 to 3;

(c) to be re-imbursed by plaintiff and defendants 1 to 3 the sum of Rs. 500 spent by her for the funerals of her mother (7th defendant).

This clause was followed by another clause which ran as follows:

IV. that the payments of the amounts declared under para. III supra be a charge on items 1, 13, 14, 20 and 52 to 62 of the plaint A Schedule”.

The 8th defendant filed an execution petition (E.P. No. 20 of 1954) praying for a sale of the charged properties to recover the amounts to which she was declared to be entitled under the above clause in the decree. Objection was raised by the a

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