1. This is the defendants second appeal and arises out of a suit for declaration. The suit was dismissed by the trial court but on appeal was decreed by the District Judge, Jammu.

2. Sarb Singh, Krishen Singh and Hazra Singh were three brothers They owned land jointly in village Kotli, Mian Fateh, Tehsil R.S. Pora. Out of the land so held, Sarab Singh disposed of his l/3rd share of 9 kanals and 11 marlas of land by sale in favour of Gian Chand, the appellant. The land so sold fell under survey Nos. 283, 608/286, 606/286 and 421/284. The sale deed was executed for a consideration of Rs. 9,000/- on 4-1-1967. Krishen Singh and Hazra Singh brought a suit for declaration challenging the legality of the sale in favour of the appellant. They averred that the three brothers constituted a joint family and the entire land was joint. The sale was without consideration. Gian Chand appellant resisted the suit on the ground that the sale was for consideration and the land was not held jointly between the brothers but had been partitioned. Sarab Singh could legally alienate his own share out of the land which had fallen to his share. A number of issues were raised by the trial court. The first iss

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