This is a plaintiffs appeal under the Letters Patent against the decision of a single judge of this court allowing a second appeal before him and dismissing the plaintiffs suit with certain observations.

The facts out of which the present appeal arises may be summarised as follows :-

The plaintiff brought a suit for possession of 9 Knls. and 2 marlas. of land comprising of survey No. 20 of Khewat No. 185 of village Danger Pora district Baramulla. The plaintiffs case was that she was the ower of the lands in dispute and was in possession of this land when she was forcibly dispossessd by defendant No. 1 who had purchased the said land from one Aziz Meer. The plaintiff further averred that by a private partition which took place between various co-sharers of the village, the land in dispute had fallen to her share and she was in possession of the same. On these allegations, the plaintiff brought the present suit for cancelling the sale deed in favour of defendant No. 1 and for possession of the land in suit.

The suit was contested by defendant No. 1 who pleaded inter alia that there was no private partition between various co-sharers and that the entire survey No. 20 was in exc