JUDGMENT :- This regular second appeal filed by Chander Bhan defendant is directed against the judgment and decree of learned Senior Subordinate Judge, Rohtak, whereby he reversed the decision of the trial Court and awarded a decree for declaration in favour of Jai Lal, plaintiff-respondent, that he was the exclusive owner of khasra No. 1582 and the same was not liable to be partitioned on the application of Chander Bhan.

2. The brief facts of this case are that Chander Bhan, Chaman Lal and Hira Lal, defendants 1 to 3, jointly owned land measuring 12 bighas and 3 biswas comprising khasra Nos. 1582, 1585, 1258 and 1362. Chaman Lal had one-third share in that land and as a co-sharer was in exclusive possession of land bearing khasra No. 1582 since long. Chaman Lal sold the land beating khasra No. 1582 to Jai Lal plaintiff by means of an oral sale on November 24, 1940 and a mutation, copy of which is Exhibit P. 1, was sanctioned on the basis of this sale in favour of the plaintiff on December 26, 1940, The plaintiff, accordingly, entered into possession of the land bearing khasra No. 1582. A suit to pre-empt the above sale was filed by Chander Bhan defendant but the same was dismissed

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