SURINDER SARUP, J.—This second appeal of the plaintiff-appellant is directed against the judgment and decree of the Court of Ms Kiran Aggarwal, the then District Judge, Una dated 29.6.1990, whereby reversing the decree of Shri M.R. Chauhan, Sub Judge, 1st Class, Amb dated 31.1.1986, she has allowed the appeal of the defendant-respondent and dismissed the suit.

2. The plaintiff had filed a suit for declaration with the consequential relief of permanent injunction restraining the defendant from dispossessing him from the enjoyment of the suit property, fully described in the plaint, and in the alternative a decree for possession of the suit land, as according to the plaintiff, the same was a joint Hindu family property comprising him and one Panna Lal, who was the real brother of the plaintiff and both the brothers were also the coparceners.

3. It may be mentioned here that the original plaintiff was Kaudu alias Izzat Rai and the present appellant is his legal representative who has stepped into his shoes after the formers death. It was pleaded that on the death of Panna Lal on 8.2.1970, his interest devolved upon the original plaintiff, i.e., Kaudu, however, the Assistant Col