Walsh, J.

1. The plaintiff is the appellant. He got a decree in the trial Court which was varied by the Subordinate Judge in appeal and against this he prefers this second appeal. The suit was to recover a certain share in a house site which originally belonged to one Pacha Saheb. The descendants of Pacha Saheb and the shares which they held are set out in para. 3 (1) of the lower appellate Courts judgment, which runs as follows:

2. The suit property originally belonged to one Pacha Saheb who died 20 years ago.

Pacha Saheb, died 20 years ago. Nabi Bi, died 8 years ago 4/8 share. | _____________________|____________________________ | | | | Mastan Gannu Deft. 3 Deft 4 7/24 deft. 1 7/48 7/48 After N- 7/24 Plus ______ Plus abis de 7/24 Deft. 5 7/48 plus ath 7/24 1/24 7/48 plus 1/48 plus 1/24 1/48 Nabi Bi is Pachas widow. Mastan and Gannu "(defendant 1) are his sons. Defendants 3 and 4, are his daughters. Defendant 5 is the husband of defendant 8 and defendant 4s vendee. Defendant 2 is defendant 1s vendee.

2. The share of defendant 4 had passed to defendant 5, the husband of defendant 3. Defendant 1 had sold his right to defendant 2. The plaintiff claimed the rights of defendant 3