JUDGMENT :

Abhay Manohar Sapre, J.

This appeal is filed against the judgment and final order dated 30.07.2007 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 2039 of 2007 whereby the High Court dismissed the second appeal filed by the appellant against the judgment and decree dated 21.03.2007 passed by the Additional District Judge (Fast Track Court), Amritsar in C.A. No. FTC/10 of 2003/2006 by which the appeal filed by the appellant herein was dismissed with costs affirming the judgment and decree dated 12.08.2003 passed by the Additional Civil Judge(Senior Division), Ajnala in Civil Suit No. 95 of 2006.

2. We herein set out the facts, in brief, to appreciate the issues involved in this appeal.

3. The appellant is the defendant and the respondent is the plaintiff in the civil suit out of which this appeal arises. The appellant and the respondent are real brothers. The respondent is elder to the appellant.

4. The appellant (defendant) is the co-sharer of the land to the extent of 55/118, which comes to 84 Kanals, in the joint Khata of total land measuring 177 kanals 10 Marlas situated in Village Vachhoa, Tehsil Ajnala, District Amritsar. The appellant entered