Judgment

B.N. Agrawal, J.—Leave granted.

2. These appeals by defendant No. 2 arise out of judgment rendered by Punjab & Haryana High Court in second appeals.

3. The short facts are that a shop measuring 90 in length and 18 in width situate in Jind Mandi was originally owned by one Ram Gopal and upon his death, his two sons, namely, Jai Narain and Chet Ram inherited the same in equal shares. In the year 1956, Chet Ram - one of the sons of Ram Gopal, who was co-sharer to the extent of half share, let out front portion of the shop to M/s Karta Ram Rameshwar Dass - defendant No. 2 with the consent and authority of the other co-sharer Jai Narain. Subsequently, Chet Ram died and upon his death, his sons and daughters sold their half share in the disputed shop to one Yashpal - defendant No. 1 under registered sale deed dated 20th August, 1975. Thereafter on 26th September, 1975, Jai Narain, another co-sharer filed a suit for partition of his share in the aforesaid shop in which Yashpal, the purchaser, and the firm M/s Karta Ram Rameshwar Dass were impleaded as defendant Nos. 1 and 2 respectively. The share of the plaintiff in the shop in question was not disputed. In the said suit, a prelimi