Odgers, J.

1. This was a suit for partition and delivery with mesne profits of one-third of the permanent leasehold village of Paoharahalli. The suit was decreed by the District Munsif. On appeal to the learned District Judge of Salem it, was held that the plaintiff was not entitled to one-third of the village but only to one-third of the income. On the hearing of the second appeal, Mr. K.V. Krishnaswamy Aiyar appeared for the plaintiff-appellant, and Mr. Somayya for the Respondents 1 to 4 intimated that his clients had no interest and took no part in the argument. I have accordingly heard the appeal as an ex-parte matter. The plaint agreement of the 4th September 1845 has apparently disappeared1 and we are thrown back for its terms on to a recital in the judgment in O.S. No. 569 of 1887 in the District Munsifs Court of Tiruppattur. The District Munsif there says:

Its contents are to the effect that in consideration of the advances made in kind and in money to the tenants of the villages by Sesha Ayyangar, Krishna Ayyangar agreed to divide the income in cash and waram of the said villages with Sesha Ayyangar in the proportion of two to one, to give the latter accounts as to p