( 1 ) THIS second appeal has been filed at the instance of plaintiff whose suit has been dismissed by the learned trial court and the appeal filed by him before the learned first appellate Court, has also been dismissed.

( 2 ) PLAINTIFF-AMAR Bahadur Singh filed suit for injunction and for declaration that he is the owner having half share in the suit property. The suit property is a house, description whereof has been mentioned in the plaint.

( 3 ) THE pleadings of the plaintiff in the plaint is that vide partition deed dated 21-6-1972 there was a partition in the family and by this document of partition plaintiff-Amar Bahadur Singh and defendant No. 2-Sheetala Prasad Singh who are real brothers partitioned the property mentioned in the partition deed and it was agreed between the plaintiff and defendant No. 2 that the property shall be sold and the sale price will be divided in two shares equally. However, the suit property which is a house could not be sold and, therefore, the suit property is the joint property of plaintiff and defendant no. 2 in which he is having share.

( 4 ) DEFENDANT No. 1-Devendra Singh who is the son of defendant No. 2 filed written statement, but defendan

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