Arun Mishra, J.

1. This second appeal has been preferred by the Plaintiff who had filed the suit before the trial Court for declaration that the sale deed allegedly executed by Tudu is illegal on the ground that it was never executed by Tudu in favour of Defendant Kailash Narayan. The same was with respect to the 1/2 share of agricultural land comprised in khasra No. 968 area 0.696 Hectares, and Khasra No. 1077 area 0.275 Hectares total area 0.971 Hectares situated in village Diguwan and one-fourth share of the agricultural land comprised in Khasra No. 969 area 0.898 Hectares situated in village Diguwan.

2. According to the Plaintiff, the land was co-parcenary property of the Plaintiff and his father and after the death of his father, he obtained the land by survivorship as the Plaintiff was jointly living with his father who died on December 17, 1982. Parties are governed by Mitakshara Law Banaras school and admittedly in the V.P. region, a co-parcener cannot alienate the land without the consent of the other co-parcener even to the extent of his own share.

3. Defendant No. 2. on December 22, 1982 obtained a forged sale deed in his favour by putting thumb impression of some f