S. N. SRIVASTAVA, J.

( 1 ) THIS Second Appeal has been preferred by plaintiff-appellant against the judgment and decree dated 30 11. 1996 passed in Civil Appeal No. 42 of 1995 confirming the judgment and decree dated 11. 2. 1994 passed by trial court in Original Suit No. 577 of 1990.

( 2 ) PLAINTIFF filed a suit for cancellation of sale deed executed by Hirday Narain Singh (defendant no. 1 in favour of Shyam Narain Singh defendant No. 2 on the ground that there was a private partition between the plaintiff and defendant No. 1 in which out of land of plot No. 274 area 19 biswa and in plot No. 272 out of 2 Bigha 10 Biswa 11 Door, 15 Biswa 15 Dhoor was given to defendant No. 1 and plaintiff was given remaining area of plot no. 272 1 Bigha 14 Biswa and 16 dhoor and both are in actual) possession in respect of their area, but defendant No. 1 executed sale deed in favour of defendant No. 2 on 28. 6. 1988 showing one half share of total area of Plot no. 272 in respect of Shyam Narain Singh defendant No. 2, the sale deed is liable to be cancelled.

( 3 ) DEFENDANTS denied plaint allegation and urged that both (defendant No. 1 and plaintiff) are real brothers and are co-tenants to the extent

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