( 1 ) THIS is defendant's second appeal who has lost in both the Courts below. The suit instituted by the plaintiff/ respondent No. 1, is for permanent injunction restraining the defendant from interfering with his possesion of the agricultural suit land consisted in Survey Nos. 46/2 and 47/ 1, admeasuring 2 Bighas and 4 Biswas and 1 Bigha and 18 Biswas respectively, situated at village Mahiba, Tahsil Ater, District Bhind. The defendant also claimed mesne profits for the damage caused to his crops. It is not in dispute that the plaintiff and defendant Nos. 1 to 5 were co-owners (Bhumiswamis) of the land situated in Survey Nos. 46 and 47 along with other land. The Tahsildar, under Section 178 of the M. P. Land Revenue Code, 1959, for short, the 'code', in Case No. 17/ 71-72-27, vide order dated 3-9-1973 (Ex. P/ 1), ordered partition of the land between the co-owners. Suit land comprised in Survey Nos. 46/ 2 and 47/ 1, fell in the share of the plaintiff, while the land comprised in Survey No. 46/ 2 with other land fell in the share of defendant No. 1, Buddhe, father of appellant/ defendant No. 6. The Patwari gave a report of partition on 24-4-1978 (Ex. P/2) which was p