1. Instant first appeal has been preferred by the defendant No.2 against the judgment and decree dated 31-1-2000 passed by the IInd Additional District Judge, Bilaspur in Civil Suit No. 15-A/97 whereby and whereunder the plaintiff's suit was decreed.

Brief facts of the case are as under:

2. House shown in sale deed dated 30-1-86 (Ex. D-2) was owned by Dr. S.N. Datta. After his death on 28-3-1989, it devolved on his widow Smt. Asha Datta, Daughter Ku. Sanghmitra Datta and son Pinakpani Datta. Smt. Asha Datta expired on 7-1-1992. After her death, plaintiff and defendant No. 1 became owner of the above house.

3. Vide public notice by publication in Nav Bharat newspaper dated 68-1992, the plaintiff claimed her absolute ownership in the suit house. Settlement deed dated 2-12-1996 was executed between the parties wherein it has been shown that total land area 2400 sq.ft. has been partitioned between them for its separate management. Defendant No.1 sold 1200 sq. ft. of land to defendant 2 vide sale deed dated 27-2-97 (Ex. D-l-c). Plaintiff published notice in Nov Bharat alleging defendant No. 1 that he is selling the suit house without there being any partition or demarcation, and its