NARASIMHAM, J.

( 1 ) THIS is a plaintiff's appeal against the judgment of the Additional Subordinate judge, Puri dismissing his suit for a declaration of his right in respect of twelve annas interest in a house standing on plot no. 1068 in the town of Puri and for other consequential reliefs.

( 2 ) THE said plot is within the town Khasmabal of Puri Collectorate and was settled by the Khasmahal with one Gadadhar Sahu who constructed and building thereon. One of the points agitated in the lower Court was that the house was the exclusive property of Gadadhar Sahu, But this was decided against the defendants (vide para. 7 of the lower Court's judgment) and this decision was not challenged in appeal. It may therefore be taken as well-established that the lease-hold property and the house standing on the said plot were the joint property of Gadadhar Sahu and his three brothers who admittedly were members of a Hindu joint family at all relevant times.

( 3 ) THE plaintiff is a businessman and moneylender of Cuttack town. He instituted a suit (M. S. no. 197 of 34) against Gadadhar Sahu and his three brothers for realisation of the price of the articles supplied on credit to them amountin