JUDGMENT : KNOX, J. 1. The parties to this second appeal are at one on this point, viz., that Raja Ram Misra, the appellant, by some means or another, got a decree for exclusive possession over property, which was joint and in which the respondent held a joint interest. One of the respondents, Lalji Misra, was no party to that decree. Raja Ram Misra put his decree into execution, and in so doing ousted Lalji Misra. Lalji Misra then brought the suit, out of which this appeal has arisen, praying that he be restored to joint possession. The courts below have decreed the claim. 2. The Full Bench ruling of this Court of Bhairon Rai v. Saran Rai, [1904] I.L.R., 26 All., 688 is authority which supports the decree below. The learned vakil for the appellant relied upon Jagarnath Singh v. Jainath Singh, [1905] I.L.R., 27 All, 88 and upon Rahman Chaudhari v. Salamat Chaudhri, [1901] 21 A.W.N., 48 but in both these cases the plaintiffs sued for joint possession of land, which so to speak was temporarily vacant, and in which the opposite party had placed themselves. I dismiss the appeal with costs including fees on the higher scale.