In order to understand the contentions of the several parties in these two second appeals the earlier history of these litigations has to be set out in brief outline. The suit of which these two second appeals arise was instituted as early as 12th February, 1937, by the plaintiff, the youngest of five brothers, against his elder brothers for a partition of the family properties some of which are situated in India and some in Cochin State. The family was of a humble origin but later on, through the exertions of some of the brothers, acquired considerable landed properties. There was also a lucrative Coffee Hotel business carried on at Trichinopoly by some of the brothers. Misunderstandings arose between the brothers which resulted in a demand for partition by one of them on 8th September, 1936. All the brothers then met together and after some deliberation settled their disputes in a way. On 15th September, 1936, they entered into an agreement evidenced by Exhibit XX to divide the properties in the manner set out therein. All of them signed the document presumably in token of their consent to its terms. Under Exhibit XX the present first defendant, the eldest brother, got fo