Raj Kishore Prasad, J.

1. This appeal, by defendant 1, from the concurrent findings of the Courts below, involves the interpretation of the second paragraph of Sec. 44 of the Transfer of Property Act.

2. Sec. 44 reads thus :

"Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, and so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house."

3. The only question of law, which has been raised in this appeal, is : Whether the defendant 1 is liable to be ejected?

4. The plaintiffs and defendant 2 were members of a joint Mitakshara Hindu family