Findlay, O J C—The plaintiff (respondent No. 1) Kalicharan sued the defendant (appellant) No. 1 Kanhairam and the defendant-respondent No. 2 Karu in the Court of the Subordinate Judge, 1st class, Bhandara, for possession of 4/5ths of a share of a house in mouza Gondia and for damages in respect of the occupation thereof. The plaintiff's case was that the house was his ancestral property and that he had filed a suit for partition of this and other property, in which a decree was passed on 30th October 1922, dividing the property as follows:-

The plaintiff and his brothers Karu and Sukhdeo each one-fifth.

The plaintiff's mother one-fifth.

The plaintiff's 4 sisters one-fifth.

2. Subsequently, Sukhdeo, plaintiff's mother and his 4 sisters sold their 3/5th share to him by a registered sale deed, dated 22nd February 1923. The plaintiff thus became owner of four-fifths of the house and, relying on this, attempted to take possession on 23rd February 1923 when he was resisted by the first defendant. Defendant 1 Kanhairam is said to be in possession since 18th April 1921 having purchased it at an auction-sale held in execution of the decree in Civil Suit No. 69 of 1917, passed in favour