SATISH CHANDRA, J. :- A learned Single Judge has, in view of a conflict between two Division Benches in Basdeo Singh v. Bharat Singh, AIR 1949 All 542 and Balbodh v. Mahabir, 1970 All LJ 1145 referred this civil revision to a Full Bench.

2. Indrapal Singh, defendant Opposite Party No. 1 and Janakpal Singh, father of defendant Opposite Parties Nos. 2 to 4, were co-sharers in a bhumidhari holding. They, by two sale deeds dated 19th September, 1956 and 26th September, 1957, transferred 2.30 acres out of this holding in favour of the plaintiff-applicant. One Lakhan Singh, a co-sharer in the holding, filed Suit No. 190 of 1958 for partition in the court of the Munsif, Etah. The transferors and the transferee (namely the plaintiff-applicant) were both impleaded as parties to the partition suit. The learned Munsif passed a decree on 11th February, 1963, declaring the share of the transferors at .49 acre. Thereupon the transferee filed the present suit for recovery of Rs. 1,000/-. He claimed that out of the area of 2.30 acres sold to him only .49 acre has remained with him. The balance 1.81 acres has gone away from him because his transferors were declared as having no interest in