JUDGMENT

Allsop, J. - This second appeal arises out of a suit for possession over a house upon the allegation that defendant 1, Mohammad Umar, was the tenant of the plaintiff Abdul Ghani and of defendant 2, Jagat Ram. The fact that Abdul Ghani and Mohammad Umar are related is not denied. Mohammad Umar is the grandson of Pir Bux and Abdul Ghani is the grandson of Nathwa. These two men Pir Bux and Nathwa were brothers. Nathwa had three sons Mohammad Ismail, Jangoo and Makhdum Bux. Abdul Ghani, the plaintiff, is the son of Mohammad Ismail. According to the Judge of the lower Appellate Court both parties were agreed that the house in suit and three other houses had belonged originally to the father of Nathwa and Pir Bux and that there was a partition by which the houses went to various members of the family. Abdul Ghani maintains that the house in suit went to Nathwa's branch and Mohammad Umar says that it went to the branch of Pir Bux. According to Abdul Ghani Mohammad Ismail, Jangoo and Makhdum Bux at one time had equal shares in the house, but the share of Makhdum Bux was transferred at a sale to Jagat Ram and the share of Jangoo passed first to Radhey Lal and then from Radhey Lal to