1. The plaintiff is the appellant. This second appeal arises out of a suit instituted by him for partition. The plaint property belonged to one Moideen. He died leaving a widow and two children, Mahmmadkutty, a son, and Biyyakutty, a daughter. Mahmmadkutty died leaving as his heirs defendant 2, his widow, and defendant 1, his daughter. Defendant 2 instituted a suit for partition (O. S. No. 407 of 1903) and obtained a decree. In the meanwhile Mahmmadkutty had mortgaged his interest to one Kunheen in May 1899 and the plaintiff had purchased that interest. As such purchaser he brought a suit (O. S. No. 419 of 1911) on Mahmmadkuttys mortgage and obtained a decree for the sale of Mahmmadkuttys share in the properties. In execution of that decree he himself purchased the said share in Court auction and obtained delivery of the plaint properties. The defendant 3, in the present suit, having obtained an interest in the properties from some of the defendants in O. S. No. 407 of 1903 put in a petition for re-delivery of the plaint properties alleging that she also had obtained some interest in them: see M. P. No. 3101 of 1916. The Court then ordered re-delivery of the properties to d