( 1 ) THIS is a defendants appeal arising out of a suit for possession of a portion of plot no. 278b in mahal Chitta Singh and demolition of a building erected on it by the defendant-appellant. The plaintiff and one Jagannath were co-sharers in Mahal Chitta Singh. Jagannath gave permission to the defendant-appellant in construct a building on the plot in suit. In pursuance of the permission, the defendant-appellant raised a construction on the plot. The plaintiff-respondent filed a suit, which has given rise to this appeal, for demolition of this construction and for possession of the plot on the ground that one co-sharer had no right to give permission to make constructions on a pint piece of land.

( 2 ) IN defence, it was urged that there was a private partition between the cosharers in the mahal and the plot in suit had fallen to the lot of Jagannaths prodecessor-in-title. In support of this plea a partition chithi showing the plots which had been allotted to Jagannaths predecessor-in-title was produced by the defendant-appellant. Relying on this document, as also on other documents, the trial Court held in favour of the defendants and dismissed the suit. The lower