1. This is a regular second appeal by the plaintiff and the facts giving rise to it are these. The site in dispute is shown in red, is demarcated by the letters ABCD in the plan annexed to the plaint and forms part of Khasra No. 1039/343/344 lying in the revenue estate of Bodiwala Kharak Singh in Tehsil Muktsar. This Khasra has a total area of 12 biswas and was originally owned by four parties as stated below:

1. Sawan Singh and his sons Ala Singh, Mal Singh, Gurnam Singh, Jaswant Singh and Kulwant Singh. 1/2

2. Shrimati Chando widow of Kishan Singh. 1/4

3. Lal Singh defendant No. 2 1/8

4. Joginder Singh, Mukhtiar Singh and Naib Singh. 1/8

Each one of these parties was in actual possession of a specific portion of the khasra out of which defendant No. 2 transferred his 1/8th share to one Ghulla Singh by a deed of exchange and also delivered to him possession of the site in his (defendant No. 2s) actual occupation. Jaswant Singh defendant No. 1 instituted a suit for possession of the site purchased by Ghulla Singh on the basis of his pre-emptive right and with the assertion that the exchange was really a sale. The suit ended in a decree being passed in favour of defendant No