( 1 ) THE appellant-plaintiff has preferred this appeal against an order dated 10th May, 1972 passed by the Second Additional District Judge, Sagar, in Misc. Civil appeal No. 21 of 1969.

( 2 ) BRIEF facts of this appeal are that the appellant Bhagwansingh along with two others had filed Civil Suit No. 23-A of 1951 against the present two respondents with nine others for partition of certain agricultural lands which were held by them jointly. After the trial of the suit, the trial Court vide its order dated 24-1-1955 passed a preliminary decree for partition with the direction that the decree shall be transferred to the Collector under Section 54, read with Order XX, Rule 18 (1) of the Code of Civil Procedure for effecting the partition. It is an admitted fact that after the Collector partitioned the property, a final decree for partition was passed by the Civil Court on 25-1-1960 in accordance with its decision. As it appears from the record that khasra No. 520/1 was allotted to the respondents in lieu of their 1 anna 8 pies share. After the final decree was passed, the respondent-defendants filed an application for execution of the decree claiming possession of the said