Sadasiva Aiyar, J.

1. This is a Letters Patent Appeal against the judgment of Ayling, J. who dismissed Second Appeal No. 1191 of 1914 filed by the plaintiff in a suit brought by him for recovery of 2/3rd share in certain properties, the remaining 1/3rd share having already been recovered by the plaintiffs elder brother in suit No. 241 of 1906.

2. The facts are a little complicated but the material ones might be shortly stated thus:

(a)The plaintiffs father sold away all his then remaining properties to one Sawmi Aiyangar for Rs. 4,000/- under a sale-deed dated February 1885.

(b) Sawmi Aiyangar brought O.S. No. 221 of 1887 for possession of the properties so sold. Razinamah decree was passed that on payment of a certain amount within a certain date, Sawmi Aiyangar should give up his claims over the lands. But if the plaintiffs father failed to make the payment Sawmi Aiyangar was to get possession of the properties through the Court, his purchase being upheld. Plaintiffs father failed to make the payment and so Sawmi Aiyangar got possession in 1899.

(c) In 1906 the plaintiffs elder brother (who was in his mothers womb in 1885, the date of the sale by the plaintiffs father) brought