Leach, C.J.

1. The parties to this appeal1 are Indian Christians. The appellant is the eldest sister of the two respondents. Their father died in 1895 and their mother in 1906 and they were left two houses one of which was subsequently let out to tenants. The suit out of which this appeal arises was filed by respondent 1 in the City Civil Court for partition of the estate and she obtained a decree. Her brother, respondent 2, took no part in it and ha& taken no part in the appeal. The contest has been throughout between respondent 1 and the appellant. The appellant challenges the decision of the trial Court on grounds to which we shall shortly refer. Respondent 1s case was that in 1920 an agreement took place between the parties under which they were to enjoy the rents and profits of these houses in common. This followed a suit by the appellant in the City Civil Court for a partition of the estate. She obtained a decree awarding her a one-third share in the property and directing that it be divided between her and her brother and sister. It is common ground that no steps were ever taken to execute this decree, the reason being, according to respondent 1, the agreement to enjo