S.N.Pathak, J.

1. This miscellaneous appeal is directed against the order dated 9th February, 1999 passed by Sub-ordinate Judge-1, Supaul, in T.S. No. 51 of 1998 whereby the plaintiff-appellants prayer for injunction was rejected.

2. The relevant facts are that the plaintiff appellant filed the aforesaid suit for declaration that plot no. 3974 under Khata No. 201 was not the subject matter of partition suit between the plaintiff and defendant no. 1, although there was partition of other family lands by a registered deed of partition (on 20th-in sic) April, 1982. Since there was dispute as to (whether the-in sic) defendant no. 1, got 13-dhurs of land (out of-in sic) plot no. 3974 of whether he got only 11 dhurs. This plot remained unpartitioned. However, the defendant no. 1 sold 9 dhurs of this plot to defendant 2nd party and now the defendant 2nd party were also proposing to sell it to the third persons. So the plaintiff appellant had preferred a petition for injuncting the defendent- respondents from selling any portion of the suit land which will amount to violation of the privacy of the plaintiff-appellant because his family was living in a portion of the suit building.