P. Subramonian Poti, J.

1. The plaintiff in a suit for declaration that plaint items 3 and 4 belong to him having failed in the court below, has filed this second appeal. It is necessary to state a few facts to understand the controversy between the parties. There are 5 items in the plaint schedule. These items belonged to one Ulahannan Punnose, father of defendants 1 to 5. Under a settlement executed by him the plaint properties were allotted to his wife with the stipulation that on her death item 5 was to devolve on the 5th defendant and items 1 and 3 together with items 2 and 4, they being the buildings standing thereon, were to devolve equally on defendants 1 to 5. Defendants 3 to 5 were conducting a chitty as foremen. The 14th defendant was a subscriber in that chitty. For paid up subscribptions he filed a suit O.S. 529 of 1107 and obtained a decree. In execution of the decree against the 3 foremen items 3 and 4 were purchased by him and delivery was obtained by him through court on 15-11-1950. Plaintiff purchased the said item from the auction purchaser. It may be remembered that the chittly foremen were only three out of the five children of Ulahannan Punnose and item