S.B. Sinha, J. — Defendant No. 1 in the suit is the appellant herein. The parties hereto were admittedly co-owners of the suit property. The relationship between the parties shall appear from the following generalogical table :-

M. Ramakrishna Hebbar = Smt. Sundrai Amma (D-9)

M. Venkatram M. Rajgopala M. Mohana M. Anantha

And Hebbar Hebbar Hebbar Hebbar

(D-1) (P-1) (D-5) (D-6)

Srirama Srolrosjma Srivittala

(P-2) (P-2) (P-4)

M. Gopal M. Harisha M. Janardhana Prasanna Prashanta

Krishna Hebbar (D-7) (D-8)

Hebbar (D-3)

(D-2)

2. A suit for partition was filed by the plaintiffs claiming one-fourth share in the suit property. It is not in dispute that on or about 30.3.1973, a purported family settlement was arrived at by the parties. One of the defendants, however, was not a signatory thereto. In the said purported family settlement, it was stated :-

“We each of us are entitled to ¼ share in the family property. As that property is a small area garden and as there are no sites near by to construct a separate houses, that property cannot be divided. Hence as owelty No. 1 of us is liable to pay to No. 2 and 4 of us Rs. 15,000/- each. That amount is to be paid in 15 yearly instalme