( 1 ) THIS is defendant's second appeal against the judgment and decree dated 28-3-1981, passed by the Second Additional District Judge, Vidisha, in Civil Appeal No. 37-A/ 80, preferred against the judgment and decree dated 10-4-1980, passed in Civil Suit No. 28-A/ 1976 by the Civil Judge, Class I, Vidisha.

( 2 ) BRIEF facts giving rise to this appeal are these. The plainiffs / respondents Nos. l and 2, instituted a suit against the appellant and his brother Onkar Prasad, for possession, permanent injunction and for recovery of mesne profits relating to suit land, area 24. 250 hectares, described in para 1 of the plaint on the averment that originally the suit land was part of the joint holding of the two defendants in equal share. Appellant Bhagwati Prasad sold his share by a registered sale-deed dated 29-8-1970 to Trimbak Rao for a consideration of Rs. 900/ -. Trimbak Rao, in turn, sold the land so purchased to the plaintiffs vide sale-deed dated 17-8-1971. The plaintiffs are the Bhumiswamis who applied before the Tahsildar for partition of the land purchased from the joint holding under S. 178 of the M. P. Land Revenue Code, 1959, for short, the Code (Revenue Case