Vinod K.Sharma, J. Oral):- This regular second appeal has been filed against the judgments and decrees passed by the learned courts below dismissing the suit filed by the plaintiff-appellant seeking declaration to the effect that the plaintiffappellant was owner to the extent of 1/8th share in the suit land measuring 51 Bighas 5 Biswas comprised in Khewat No.23 Khatauni Nos. 83 to 87 situated in village Mithewal, Tehsil Malerkotla. Relief of joint possession to the extent of 1/8th share in the land fully described in the head note (A) of the plaint was also claimed. It was also prayed that mandate for permanent prohibitory injunction be issued against defendants No.1 to 5 from alienating by way of sale, mortgage or in any other manner the suit land fully described in head-note (A) to any person.

2. In the suit the plaintiff had claimed 1/8th share in the property claiming it to be co-parcenary in the hands of Niranjan Singh being Karta thereof. However, this plea of the plaintiff that the property was coparcenary in the hands of Niranjan Singh has been rejected by both the courts below. The finding of fact is not open to challenge as no evidence was produced by the plaintif