Arun Kumar Goel, J. — Before adverting to the respective contentions urged at the time of hearing of this appeal, facts on which parties are not at variance, need to be briefly noted.

2. Prem Raj and Baldev Verma appellant and respondent respectively, jointly owned land comprised in Khasra Nos. 911, 912, 913/1, 913/2, 913/ 3, 914/1, 914/2, 915/1, 915/2, 916/1, 912/3, 918/2, 919/2 plots 13 measuring 5486 sq. meters situate at village Basal Patti Kather, Pargana Sumna, Tehsil and District Solan. According to appellant, hereinafter referred to as the Defendant, this land is joint. Whereas according to respondent, hereinafter referred to as the Plaintiff it stood partitioned and both the parties were in separate and exclusive possession of the land which had fallen to their respective shares.1

3. Record of the case further shows that vide Ext. PX/2 statement was made on 31.5.1984 by both the parties before the patwari which was recorded in the Rapat Rojnamcha Waquati. On the basis of this report, Mutation No. 151 dated 12.6.1984 was attested. Pursuant to this land measuring 2748 sq. meters comprised in Khasra Nos. 911 and 912/2 Kita 2 fell to the share of the defendant and the r