Hon’ble S.U. Khan, J.—Heard learned Counsel for the petitioner. No one appears on behalf of the respondent No. 2, the only contesting respondent at the time of arguments.

2. Learned Counsel for the petitioners made an oral prayer for deletion of the names of respondents 4 and 5. Prayer is accepted and respondents 4 and 5 are deleted from the array of the parties.

3. Respondent No. 2 Sardara filed Original Suit No. 372 of 1978 against the petitioners. Petitioners had purchased the agricultural land in dispute (Khasra No. 44 area 5 bigha 2 biswa and 5 biswansis) from Prabhu, real brother of f plaintiff Sardara. Sale deed was executed on 2.3.1963 and registered on 4.3.1963. In the plaint it was stated that Prabhu had no right to execute the sale deed and plaintiff was also co-sharer to the extent of 50 per cent. Relief “A” in the plaint was to the effect that sale deed dated 2/4 March, 1963 be cancelled and its intimation be sent to the office of the Registrar concerned. The second prayer was that the plaintiff must be delivered possession of the land in dispute through Court Amin. Petitioners-defendants filed written statement and stated that the suit was not cognizable bef