RENUPADA MUKHERJEE, J.

( 1 ) THE facts involved in this appeal are no longer in dispute and the decision of the appeal turns on a pure question of law.

( 2 ) THE respondents brought a suit for restraining the appellant from entering into possession of some plots of land described in the schedule of the plaint on the allegation that those plots comprise a dwelling house and its appurtenant land belonging to the respondents and their co-sharers, and the appellant who has taken a permanent lease of a fractional share of the plots and who is a stranger to the family has no right to enter into joint possession of the property.

( 3 ) THE trial court decreed the suit in part granting a permanent injunction in respect of all the disputed plots excepting two which were held to be not appertaining to the dwelling house. This decree was confirmed in appeal. So the defendant has preferred this second appeal.

( 4 ) THE only point urged in this appeal by Mr. Ghosh on behalf of the appellant is that such a suit is not maintainable in law. Put in the form of a legal proposition the question can be formulated as follows :--Whether upon a transfer to a stranger of an undivided share of a family

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