S. BARMAN, J.

( 1 ) THIS is the plaintiff's second appeal from a decision of the learned Additional Subordinate Judge Cuttack reversing a decision of the learned Munsif of Kendrapara in a suit for partition and mesne profits filed by the plaintiff against the defendant-respondent.

( 2 ) THE plaintiff was a widow of one Jagu Das (deceased), his other widow having been one Palini Bewa (deceased ). The defendant-respondent Dadhi Das was an adopted son of the deceased Jagu Das. In 1923 the son Dahi Das filed a suit, -- being Title Suit No. 244 of 1923 against the said two widows and eleven other defendants having been the transferees from the widow in respect of certain properties, -- for a declaration that the plaintiff in the said suit (Dadhi Das) was the adopted son of deceased Jagu Das and that he was entitled to the said properties being 10 acres 45 decimals mentioned in schedule Ka to Una in the plaint therein and further that the son Dadhi Das was not bound by the alienation made by the widows. In June 1924 the said Title Suit No. 244 of 1923 was compromised between the parties. One of the terms of the said compromise was that the son Dadhi Das was to have -/8/- share and the