Reuben, J.

1. This appeal by the plaintiff is directed against a decision of the Additional Sub-ordinate Judge of Hazaribagh, reversing a decision of the Munsif of Hazaribagh. It arises out of a suit for the declaration of title to and recovery of possession of a house, being holding No. 933 in the Municipality of Hazaribagh.

2. This house formerly belonged to one Hazari Barai. Hazari had two sons Shib Charan and Chedi. Shib Charan died leaving two sons Shyamlal and Lalji. Chedi died leaving a widow Tejni and a daughter Anandi. Mt. Tejni is now dead. The plaintiff claims the house by purchasing in execution of a decree obtained by him against Shyamlal and Lalji on the foot of a handnote, According to him, Chedi died joint with his brother Shib Charan, and the house finally came by survivorship to Shyamlal and Lalji. His purchase was in the year 1940. In the course of the execution of the money decree, a claim under Order 21, Rule 58, was filed by Mt. Rajeshwari (defendant 4), which was decided in her favour. The plaintiff, however, succeeded on 22nd December 1941 in getting a decision in his favour in Title suit No. 271 of 1940 brought by him under Order 21, Rule 63, Civil