( 1 ) THIS is a defendants appeal arising out of a suit for possession of a house situate in the town of Ganj Dandwara.

( 2 ) ONE Girdhari owned a house. On his death his widow Sm. Bitoli succeeded to his property, In year 1939 Sm. Bitoli made a gift of the southern portion of this house to one Tota Ram. Tota ram could not get possession over this portion and so he filed a suit for possession against Hira lal, a grand-son of Harkishan, brother of Girdhari. He impleaded Sm. Bitoli also as one of the defendants.

( 3 ) THE defence in that suit was that 2/3rd part to the east of both the northern and the southern portions of the house belonged not to Girdhari but to his brothers, Narain and Jhunui and that, therefore, Tota Ram was entitled to obtain possession over l/3rd share to the west. While this suit was pending Sm. Bitoli sold the northern portion of the house to the present plaintiff respondent, pearey Lal by sale deed dated 4-6-1940. Tota Rams suit was decreed by the first Court in full but in appeal the decree was modified and the suit was dismissed with regard to 2/3rd portion to the east on the finding that 2/8rd portion did not belong to Girdhari and consequent