Harnam Singh, J.

1. Neki and Maru plaintiffs appeal under Section 100 of the Code of Civil Procedure from the decree passed by the lower appellate Court on the 2nd of June 1947.

2. Briefly summarised, the facts giving rise to Regular Second Appeal No. 191 of 1948 are these. On the 2nd of October 1945, Neki Mam and Bhartu instituted Civil Suit No. 293 of 1945 for the possession of the site in suit alleging that Hazari Lal being a non-proprietor in the village had no right to sell the land in suit to Puran Mal and Chandar Bhan.

3. Puran Mal and Chandar Bhan resisted the suit and on the peadings of the parties the trial Court fixed the issues set out hereunder:

1. Whether Hazari Lal defendant or his predeces-sors-in-interest occupied the site in suit as a raiyat under the landowners of the village? If so, when and on what terms?

2. Whether Hazari Lal is and was a non-proprietor in the village?

3. If Issues Nos. 1 and 2 are proved whether Hazari Lal was competent to alienate the site of the suit property under custom?

4. Whether Puran defendant is a co-sharer in the shamilat? If so, what is its effect?

5. Relief.

4. On Issues Nos. (1) and (3) the Mal Court found for the defenda