Patanjali Sastri, J.

1. This is an appeal by the defendant against a decree directing his ejectment from the suit property and the delivery thereof to the respondent. The appellant and the respondent are two out of five brothers who originally formed a joint Hindu family. Two of the brothers separated in June, 1930, and the appellant and the respondent and one Subba Rao continued joint till 20th May, 1932, on which date the properties held by them jointly till then were divided between them under the document marked as Ex. A. The respondents case was that the property in suit was among the properties allotted to his share under this document and that the appellant unlawfully trespassed upon it shortly before the suit.

2. The document which is described as list of shares of immovable property equally divided on 20th May, 1932, among these three individuals, namely, etc., recites:

We, namely, our five brothers effected partition previously, that is, on 16th June, 1930, and we were keeping our three shares jointly up till now and managing the same. We have now mixed the property pertaining to our three shares together and have again effected division of the same with reference to