Anantakrishna Ayyar, J.

1. Certain immovable properties belonged to two brothers, Murgapillai and Adiyapada Pillai. On 30th February 1895 Muruga Pillai executed a mortgage hypothecating the properties in favour of the present defendant 1. On the foot of that mortgage the present defendant 1 instituted O.S. No. 755 of 1910 against both Muruga Pillai and Adiyapada Pillai. But the decree passed in that suit exonerated the share of Adiyapada Pillai. Subsequently Adiyapada Pillai filed a suit for partition against his brother Muruga Pillai to which suit he made the present defendant 1 also as party defendant. That suit was O.S. No. 421 of 1915.. The partition suit was compromised and a definite half share in the suit properties was allotted to Adiyapada Pillai, the suit being dismissed against the present defendant. The defendant 1, decree-holder in O.S. No. 755 of 1910, proceeded to execute his decree by bringing to sale the entire lands. Adiyapada Pillai naturally intervened and objected and claimed exoneration of his share, namely, the eastern half of S. No. 272 allotted to him by the final decree in the partition suit. Though the partition decree was passed on a compromise be