SRINIVASAN, J.

1. This appeal arises out of final decree proceedings. First defendant in the suit is the appellant. Plaintiff and the second defendant are respondents herein. When the suit was filed in 1967 the sister of the parties was the third defendant. The case of the plaintiff was that their mother Hathija Bivi died in 1939 leaving certain properties and their father who was also entitled to a share therein, agreed that all the properties of the mother could be taken by the children thereby relinquishing his own share. With the money borrowed on the security of the said properties as well as the income from the properties, certain purchases were made in the names of defendants 1 and 3 and also in the joint names of the parties. There was a registered agreement dated 19.4.1951 under which all the parties agreed that the properties shall be enjoyed jointly and they will be divided later. By that agreement, it was decided by the parties that the properties are divisible among the parties. It was also stated in the plaint that there was a separate living from 1957 and the parties had agreed that any acquisition of properties thereafter would belong to the acquirer exclu