Hon’ble Siddharth, J.—Heard Sri Dinesh Pathak, learned counsel for the appellant and Sri Vinod Kumar, learned counsel for the respondent.

This is plaintiff’s Second Appeal against the Judgment and Decree dated 26.10.1989, passed by Ist Additional District Judge, Jhansi in Civil Appeal No. 106 of 1986 and the dismissing the Appeal and confirming the Judgment and Decree dated 16.5.1986 passed by Civil Judge, Jhansi in Original Suit No. 35 of 1985 (Prem Narain v. Mahavir Jain Uchchattar Madhyamik Vidhyalaya Ranipur, Jhansi).

2. The plaintiff-appellant instituted an Original Suit No. 35 of 1985 before the learned Trial Court, praying for cancellation the sale-deed dated 25.11.1974. Plaintiff’s case is that he and defendant Nos. 2, 3 and 4 belong to the same family, Shajra whereof is attached with the plaint; that the plaintiff and defendant Nos. 2, 3 and 4 lived jointly till 1960; that the moveable and immoveable properties were divided between the parties in 1960 and they are accordingly in possession; that the plaintiff was entitled to half share and defendant Nos. 2 to 4