Kanhaiya Singh, J.

1. The question to be determined on this appeal is whether the sale of undivided share of a coparcener of a joint Hindu family governed by the Mitakshara law operates to effect the severance of the joint status, so that the other coparceners will be deemed to be separate, and the remaining share of the alienating coparcener will pass not by survivorship to the coparceners but by succession to his heirs. The material facts out of which this question arises are the following :

2. Shyamlal Sao and Rangi Sao, both brothers, constituted a joint Hindu family governed by the Mitakshara law. The joint family possessed amongst others plot 1904 with a gola standing thereon situate in village Masaurhi Bazar in the district of Patna, The two brothers had created thereon several usufructurary mortgages. In execution of their money decree against Shyamlal, defendants 1 to 12 attached the entire gola with the land appurtenant thereto and advertised it for sale.

Rangi Sao raised objection that he was not bound by the decree and his share in the gola house was not liable to attachment and sale. By its order dated 31st January, 1931, the executing Court directed that only