Mr. L. N. Mittal, J. (Oral):- This is second appeal by plaintiffs Bhim Singh etc., who have failed in both the courts below.

2. Appellants/plaintiffs filed suit for separate possession by way of partition of plot no.12/4 measuring about 2000 sq. yds. Plaintiffs alleged that Jagram was common ancestor of the parties. At the time of partition of abadi deh of the village, plot nos.234, 238, 11 and 12/4 were allotted to them. However, even since prior to partition, houses existed on plot nos.234 and 238. The said houses were allotted to owners subject to adjustment during partition. The plaintiffs alleged that they have already partitioned plot nos.234, 238 and 11, but plot no.12/4 is still joint. Plaintiffs claimed exclusive possession over 686 sq. yds. area out of this plot, as depicted by red colour in the site plan by letters EFGH, annexed with the plaint. Defendants no.1 to 7 (legal heirs of Banwari) have constructed their house on portion depicted by letters ABGH. The remaining portion is of defendants no.8 to 12.

3. Defendants no.1, 2 and 4 to 7 contested the suit and inter alia pleaded that the suit land has already been partitioned amicably and each branch has got 108