The appellant before me was the sixth defendant in the original suit which was laid for recovery of a one-tenth share out of a two-third share of a whole property of the other one-third of which the sixth defendant had become owner by virtue of a Court auction purchase of the interest of one Krishna Rao, a member of the family of the plaintiff and the other defendants to the present suit, by the sixth defendant himself as his execution creditor. After the purchase, the sixth defendant in fact filed his own suit for partition and recovery of his one-third share in the right of Krishna Rao and before the final decree in that suit was actually passed, defendants 1 to 5 in the present suit, of whom the second defendant is the father of the plaintiff in the present suit, applied to buy up the share of the present sixth defendant who was the plaintiff in the former suit, under the provision of section 4 of the Partition Act. Defendants 1 to 5 in fact were given the chance to buy up the share in accordance with the provision of that section of the Act, but, they did not avail themselves of it. The present plaintiff who is the respondent before me, claims that he is entitled to ass