Judgement

NARASIMHAM, J. :- This is an appeal by the plaintiff against theappellate judgment of the Addl. District Judge of Berhampur reversing the judgment of the Addl. Munsif of Aska and dismissing the plaintiffs suitfor partition of a house.

2. The house in dispute originally belonged to one Saudagar Ismail who died leaving two sons named Md. Issack and Abdul Waheb. On 29-3-1934, the plaintiff obtained a sale deed from. Md. Issack by which the latter purported to convey to him the whole of the house alleging that he was the sole owner of the same. On 3-10-1934, however deft. 3 obtained a sale deed from one Kundana Bibi, the widow of Abdul Waheb, by which she purported to convey to him the whole house

alleging that she was the sole owner of the same.

As was to be expected, disputes started between the two purchasers and the plaintiff instituted a suit (O. S. No. 311/37) for recovery of possession of the whole house, His suit was decreed by the then Addl. Munsif of Aska. But on appeal (Appeal No. 26/38) the Subordinate Judge of Berhampur modified the Judgment of the trial court and decreed the plaintiffs suit to the extent of eight annas share of the house only.

He further gave a direc