Rakesh Kumar Jain, J.

1. Defendant is in second appeal in a suit filed for permanent injunction by the plaintiff for restraining him from transferring, by way of Will or otherwise, an area more than his share and specific khasra numbers of land measuring 3 kanals 13 marlas.

2. Case set up by the plaintiff is that he is the owner of 1/8th share and defendant is owner in joint possession to the extent of 1/2 share of land measuring 3 kanals 13 marlas comprised in khewat No. 2264, khatauni No, 9886, khasra No. 276 min (2-13); khatauni No. 9887, khasra No. 276 min (0-10); khatauni No. 9889, khasra No. 276 min (0-5) and khatauni No. 9890 khasra No. 276 min (0-5), situated within the revenue limits of Bathinda as per jamabandi for the year 1997-98.

3. The suit land measuring 3 kanals 13 marlas has come within abadi and has become very valuable. It is claimed that the suit land is in joint possession of the parties and it is unpartitioned. The plaintiff had to file the suit because the defendant had started negotiation for transfer of the land more than his share with specific khasra numbers

4. In the written statement, the defendant/appellant has alleged that he is owner in exclu