( 1 ) THIS second appeal is by the plaintiff in Title Suit No. 34/1949 of the First Court of the Munsif at Howrah, against the judgment and decree passed by the learned Subordinate Judge, Second Additional Court, Howrah, dismissing the appeal preferred by him against the judgment and decree of the said learned Munsif, dismissing the above suit. The facts of this case lie within a narrow compass and may be stated as follows:

( 2 ) RESPONDENTS Nos. 12 and 13 used to hold a Jama of Rs. 20/7/- and odd under the co-sharer landlords, Respondents Nos. 1 to 11. The plaintiff-appellant auction-purchased the said holding in the sale held on 18-11-46 in Rent Execution case No. 73/1946, started by some of the co-sharer landlords, namely, Respondent No. 1 and Late Bejoy Krishna Mookerjee, predecessor of Respondents Nos. 2 to 4, in execution of the decree obtained by them on 11-6-43 in Rent Suit No. 142/1942. The said sale was confirmed on 19-12-46. But it appears that another co-sharer landlord, namely, Anath Nath Goswami, Respondent No. 5, had previously instituted a Rent Suit (No. 453/1940) and in execution of the decree obtained therein on 20-1-41, himself auction-purchased the h