Madhavan Nair, J.

1. Defendant 2 is the appellant. The plaintiff purchased the suit property in execution of the decree in 0.S. No. 89 of 1919, on the file of the District Munsifs Court of Chidambaram which he had obtained against defendant ls father, one Nataraja. Mudaly. In the course of the execution proceedings defendant 1 preferred a claim on 16th November 1922 claiming the suit house as belonging to her, she-having inherited it from her husband: Nagaratna Mudaly to whom it originally belonged. This claim petition is Ex. F. When this petition came on for hearing,, on 29th November 1922, she stated that she would bring a regular suit to establish her claim and did not press the-petition; and hence it was dismissed on 29th January 1922. The order on the petition which was passed after issue of notice to the present plaintiff is as follows:

The petitioner says that he (she) will bring; a regular suit and that he does not press this. So this is dismissed.

2. After the dismissal of the petition she-did not bring a suit to establish her claim. The present appellant claims the property through her. It is not necessary to discuss the merits of his claim as against the merits of t