The plaintiff is the appellant. His suit was for partition of two items of immovable properties in which his claim was for an 1/6th share. He obtained a money decree in O.S.No.160 of 1933 on the file of the District Munsiff’s Court, Periyakulam, against one Palanisami Chetti. The firm of which the 2nd and 3rd defendants were partners also obtained a money decree in another suit O.S.No.44 of 1933 on the file of the same Court against the said Palanisami Chetti. The suit properties were attached in execution of both the decrees by the respective decree-holders and proceedings for bringing the properties to sale were taken. The properties were put up for sale on 9th November, 1933 and 7th December, 1933, in execution of the decree in O.S.Nos.160 of 1933 and 44 of 1933 respectively. On the date of the first sale, that is, on 9th November, 1933, an agreement (Exhibit A-5) was entered into between the plaintiff’s agent representing the plaintiff and the agent of defendants 2 and 3 on their behalf. The substance of the agreement is whomsoever of the two decree-holders may take in auction the properties, the plaintiff would be entitled to an 1/6th share and defendants 2 and 3 to a