Govinda Menon, J.- The proceedings out of which this appeal arises are absolutely devoid of merits and were rightly dismissed by the learned Subordinate Judge.

The appellant who was the third defendant in O.S. No. 78 of 1946 on the file of the Sub-Court, Coimbatore, and who was a party respondent in A.S. No. 129 of 1948 on appeal therefrom to this Court, now contests that the compromise decree passed by this Court by means of which he was directed to surrender possession of the suit premises is null and void and should be treated as if it did not exist.

The first defendant was a lessee under the plaintiff and defendants 3 to 13; were sub-tenants under the first defendant. What was originally let to the first defendant was a piece of vacant land on which the first defendant erected buildings at considerable cost. A portion of those premises was let to the third defendant. In and by virtue of the compromise it was directed that the plaintiffs do purchase the rights of the first defendant in those buildings and get possession of the buildings. The third defendant, though a party to the appeal, did not in fact take part in the compromise proceedings. But the learned Judge in the Court be

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