1. This Civil Miscellaneous Appeal arises in connection with the execution of a razinama decree passed in O.S. No. 80 of 1918 on the file of the Court of the Subordinate Judge of Tanjore. The appellant is the 1st defendant in the suit. The 1st respondent is the assignee decree-holder and the other respondents are the remaining three defendants in O.S. No. 80 of 1918 who are the sons of the 1st defendant and the plaintiff, the decree-holder. The compromise decree was assigned by the next friend of the plaintiff-decree-holder to the present 1st respondent and he presented E.P. No. 4 of 1923 praying for the recognition of the assignment and for the recovery of the amount of Rs. 58,285-15 by the sale of the properties as per terms of the decree. The defendants in the suit opposed the application. The Subordinate Judge passed an order recognising the assignment subject to certain conditions and also allowing the execution of the decree. It is this order that is now appealed against by the 1st defendant-appellant.

2. In order to understand the contentions put forward on his behalf, it is necessary to state the facts relating to the compromise decree in detail. O.S. No. 80 of 1918,