Sankaran Nair, J.

1. The 3rd defendant, a member of a Hindu family, conveyed his one-fifth share in certain joint family properties in 1891 by Fxhibit I. That interest has now vested in the 1st defendant, his father. Two of his brothers died, and in 1904 the 3rd defendant again transferred all his interest by Exhibit A. At that time, on the footing that he was a co-parcener, his interest amounted to one-third. The plaintiff has acquired the rights conveyed by Exhibit A and he now seeks to recover possession.

2. The Subordinate Judge has held that the plaintiff is entitled to a two-fifteenths share of the properties, that is the difference between one-third and one-fifth and this is an appeal against that decision.

3. The first question that is argued before us is that by the transfer in 1894 the joint tenancy was put an end to and the 3rd defendants first alienee became a tenant in common with the other co-parceners so far as the property was concerned and that therefore by the death of the other co-parceners no interest accrued to him by survivorship; and for this the decisions of Benson and Miller JJ. in Srinivasa Sundara Thathachariar v. Krishnaswami Aiyangar (1912) 11 M.L.