These are connected appeals and can be disposed of by a common judgment. S.A. No. 486 of 1946 arises out of O.S. No. 398 of 1943 on the file of the court of the District Munsiff of Gobichettipalayam in which the appellants were defendants 1 to 5. The fifth appellant having died pending the second appeal, the sixth appellant was brought on record as his legal representative. The appellants in S.A. No. 487 of 1946 which arises out of O.S. No. 119 of 1943 on the file of the same District Munsiff’s Court were the plaintiffs and defendants 2 and 3 in that suit. The contesting respondent in both the second appeals is the same individual and he was the plaintiff in O.S. No. 398 of 1943, and the first defendant in O.S. No. 119 of 1943. In order to appreciate the contentions of the parties, it will be convenient to set out the relation between them as shown in the plaint in O.S. No. 398 of 1943 and set out in the judgment of the learned Subordinate Judge in paragraph 12 of his judgment.

O.S. No. 398 of 1943 was filed by the contesting respondent for specific performance of an agreement for partition entered into between him and defendants 1 and 2 therein on the 14th July, 1941, and f