( 1 ) THIS is a defendants appeal arising out of a suit for joint possession after demolition of certain constructions.

( 2 ) THE property in dispute is a portion of plot No. 1027. It is a part of Khewat No. 38 in village dara Rajpura, now included in the city of Saharanpur. Khewat No. 38 was owned by one kunwar Singh who had two sons, Nehal Singh and Shib Sahai. Nehal Singh died in the lifetime of Kunwar Singh leaving his son Harkesh Singh, plaintiff-respondent. Shib Sahai executed a will in favour of his three daughters-in-law and a daughters son, Joti Prasad in respect of the entire property left by Kunwar Singh. In 1923 Harkesh Singh plaintiff-respondent filed a suit for possession of a half share in the properties against Joti Prasad and the daughters-in-law of Shib sahai. Toe suit was ultimately decreed by this Court on 23-3-1927. Harkesh Singh obtained joint possession over the property in dispute. While the appeal was pending in this Court Khewat No. 38 was divided into six portions, namely, Khewat NOS. 38/1, 38/2, 38/3, 38/4, 38/5 and 38/6. Plot No. 1027 was sub-divided into four parts, Nos. 1027/1, 1027/2,1027/3 and 1027/4. We are concerned only with plots NO