Hon’ble Shiv Charan, J.—Heard Sri Prabhakant Mishra, learned Counsel for the appellant and Sri K.K.Tiwari, learned Counsel for the respondents on the point of admission of the second appeal for hearing and I have also perused the judgements of the Courts below and other documents filed on record. From perusal of the record it is evident that appellant instituted O.S. No. 216 of 2000 (Mohd. Ibrahim v. Mubarak Khan and others) for partition of the joint family property and the appellant claimed his share 1/3. The defendants/respondents contested the suit and filed written statement and alleged that the property in dispute had already been partitioned in between the parties in pursuance of registered partition deed dated 12-3-1973. Further it has also been alleged that now the plaintiff appellant has got no share in the property in dispute and he has already executed a sale deed/agreement on 4-6-1980 and damages were also claimed from the plaintiff/appellant for illegally occupying the property which was sold to them by the appellant and on which the plaintiff is in possession as a licensee. Both the Courts below dismissed the suit of the plaintiff for partition and further al