Venkatarama Ayyar, J.- This is an appeal by the plaintiff against the judgment and decree of the Subordinate Judge of Palghat dismissing O.S. No. 49 of 1945, which was an action by her to enforce a charge. The facts are not in dispute. One Bava Kutti died leaving behind a son Koyathan and two daughters Bee Pathumma and Sayeed Mal Umma. After the death of Kayathan on 18th October, 1929, his sister Bee Pathumma filed O.S. No. 36 of 1930 on the file of the Sub-Court, Ottapalam for partition of her share in the estate. This suit was transferred to SubCourt, Palghat, and was there numbered as O.S. No. 75 of 1932. The appellant Ammenumma is one of the daughters of Koyathan and was the 3rd defendant in that suit. On 23rd August, 1933, all the parties entered into a razinama, Ex. P-1 and a compromise decree was passed in terms thereof on 4th September, 1933, Ex. P. 6. This decree provides that Bee Pathumma was to take over the share of Ammenumma and pay her in lieu thereof a sum of Rs. 7,333-5-4 within one month and the payment of this amount was charged on the suit properties. The amount not having been paid Ammenumma filed O.S. No. 45 of 1938 on the file of the Sub-Court, Palghat for the

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