1. The suit has been treated as based on the promissory note executed by the deceased Karnavan of the defendants tarwad, and not on the original cause of action. The decision in Krishna Aiyar v. Krishnaswami Aiyar (1900) I.L.R. 23 M. 597 therefore does not apply and there is no ground for making the tarwad property in the hands of the defendant liable in the present suit.

2. The petition is dismissed with costs.