The question for determination in this second appeal is whether a certain execution petition is in time.

On 10th June, 1932, one Sankaran, who subsequently died, obtained a decree for arrears of rent in O.S.No.219 of 1932 on the file of the District Munsif of Quilandy. When he was alive, Sankaran filed in succession three execution petitions, the last of which was E.P.No.324 of 1939. This was disposed of on 17th July, 1939. After the death of Sankaran, one Kunhi Raru, claiming to have become the karnavan of the tavazhi filed E.P.No.553 of 1942 for the recovery of the decree amount. Notice was ordered to the judgment-debtors and eventually on 11th August, 1942, the petition was dismissed for non-payment of batta. On 5th July, 1944, Kunhi Raru in the same capacity filed another E.P.No.272 of 1944. In this also notice was issued to the judgment-debtors. In the counter which they filed, the judgment-debtors pleaded inter alia that Kunhi Raru was neither the heir nor the legal representative of the deceased Sankaran, that the property did not belong to the tavazhi of Sankaran but that it was his separate and personal property. Referring to the decree debt they stated as follows