The Second Appeal raises a question of the interpretation of section 2 of the Hindu Widows’ Re-marriage Act (XV of 1856), hereafter called the Act, and its application to the facts of the case. The facts are simple and are not in dispute. They may be briefly stated. One Mookan Asari, the elder brother of the plaintiff and the first husband of the defendant died. After his death, the plaintiff instituted O.S. No. 239 of 1944 on the file of the Court of the District Munsif of Ambasamudram claiming that the properties were joint family properties and that he was entitled to the same by survivorship. The defendant contended that the properties were the separate properties of Mookan Asari and that she succeeded to the same as his widow. The suit was ultimately compromised and Exhibit A-6, dated nth June, 1945, was the compromise decree made therein. Under the compromise decree, the properties described in the first schedule annexed to that decree were given absolutely to the plaintiff and the properties particularised in the second schedule annexed thereto were given absolutely to the defendant. The plaintiff and the defendant were put in possession of the properties allotted