JUDGMENT :- This is a second appeal from the judgment of the Civil Judge, Fyzabad, in a suit for possession.

2. The facts of this case are simple. The plaintiff claiming to be a co-sharer in certain property including the plots in dispute in this case brought, a suit against defendants 1 and 2 for possession. on the allegations that the plots which belonged to the plaintiff and some other co-sharers including defendant 2 had been sold to defendant 1 by defendant 2 as his exclusive property and that the plaintiff was therefore entitled to possession of those plots.

3. The defendants contested the suit. They denied that the plaintiff had, any share in the property. A plea of jurisdiction was also raised and it was alleged that the suit was not within the cognizance of the civil court.

4. The learned Munsif who heard the case came to the conclusion that the suit was cognizable by the civil Court and also found that the plaintiff and defendant 2 were co-sharers in the plots which had been sold by defendant 2 to defendant 1. He also held that defendant 2 had no right to sell specific plots to defendant 1 and on, these findings he passed a decree for possession in favour of the plaintiff. D

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