Ramesam, J.

1. This appeal arises out of a suit brought by the plaintiff Kothandarama Ayyar to recover his half-share of a debt evidenced by a promissory note executed by defendants 1 and 2 in favour of his deceased brother Natesa Ayyar and to get the other half-share paid to defendant 3 who is Natesa Ayyars widow. The promissory note was executed on 21st July 1925 for Rs. 3,945-8-10 according to the particulars given therein. The plaintiff alleged that at the time of the execution of the suit note, the plaintiff and his brother were undivided. Natesa Ayyar died on 22nd March 1926 leaving a widow Avayambal Ammal the present defendant 3. The relative rights of the plaintiff and defendant 3 in the properties of the family being the subject of doubt a partition-deed and an agreement were executed between them on 6th June 1926. The partition-deed generally provides that the family properties not expressly mentioned in it should be taken equally, (Ex. 1). But the agreement (Ex. E) expressly provides that the amount due to the family and mentioned in the list attached hereto shall be collected either in the ordinary course or through Court bearing the expenses in common and the am