Deviader Gupta, J.—The question of law, which can be said to have arisen for determination in this Second Appeal is that whether a co-owner can transfer a valid title in a specific portion of land over which he is not in exclusive occupation.

2. The plaintiff is the appellant, who has challenged the judgment and decree passed on 30th September, 1985, by District Judge, Solan and Sirmaur districts at Nahan, allowing the appeal of the defendants-respondents and dismissing the plaintiffs suit for possession and thereby setting aside the judgment and decree passed on 28th February, 1984 by Sub-Judge, Nahan, decreeing the plaintiffs suit for possession.

3. On 5th June, 1981, a suit for possession of 65 square metres of land comprised in Khasra No. 120 and 137/9/7/2/2/1 as entered at Khewat No. 56 min, Khatauni No. 78 in Misal Haqiat Bandobast of Nahan town was filed by the plaintiff, on the basis of title alleging that a valid title to this part of the property had been acquired by him through its previous owner, Kanwar. Narbir Singh, by means of a registered deed of sale dated 12th May, 1981. A small hut was also constructed thereupon after spending Rs. 500 but for the last 1-1/2