JUDGMENT

Piggott, J. - This second appeal arises on the following set of facts. In the year 1882 the plaintiff-appellant granted to one Musammat Mahugi permission to build on certain land belonging to him. He took from her a certain agreement, which contained amongst other stipulations lowing, that if at any time she were to vacate the land and to sell any house or houses which she had built thereon, she would according to the ancient custom of the locality pay to the plaintiff one-fourth of the purchase-money. Admittedly the heirs and successors of Musammat Mahugi sold two houses built by the latter on the site in question to the defendant-respondent Ramzan. The present suit was to recover from the surviving heir of Musammat Mahugi and from the said Ramzan one-fourth of the purchase-money. The Court of first instance gave a decree for the ascertained amount, recoverable jointly and severally from the two defendants. Ramzan appealed to the District Judge and the latter dismissed the suit as against him, holding that under the agreement only the heir of Musammat Mahugi was liable to answer the plaintiff's claim. The object of this appeal is to enforce the joint and several liability