Rajamannar, C.J.-The dispute in this appeal relates to properties which originally belonged to, and were enjoyed by one Mookan Asari, the husband of the defendant. The plaintiff is his brother. The defendant’s husband died on 28th October, 1943, issueless leaving considerable properties. The plaintiff, the brother, filed a suit against the widow, the defendant, O.S. No. 239 of 1944, in the Court of the District Munsif of Ambasamudram, claiming the properties on the ground that the properties belonged to an undivided joint family of which he was the surviving coparcener. The defendant contended that the properties were the separate properties of Mookan Asari. Eventually the suit was compromised and a decree was passed on that compromise on 11th June, 1945. The main terms of the compromise were that the plaintiff should succeed to and be in enjoyment of the properties set out in Schedule I to the compromise with all rights and privileges and that the defendant should succeed to, and be in enjoyment of the properties in Sche.dule II of the compromise with all rights and privileges. In the decree which was passed in accordance with these terms the following clauses are material-

(1) "T

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