JUDGMENT :

In this appeal preferred under section 96 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendant No. 2 has called in question the legal propriety of the judgment and decree passed in Civil Suit No. 12-A/82 by the learned Additional District Judge, Satna.

2. The respondents No. 1 to 3 as plaintiffs instituted the aforesaid suit against the respondent No. 4 (defendant No. 1) and the present appellant (defendant No. 2) and eleven others claiming the relief for partition, possession, declaration, cancellation of certain sale-deeds and permanent injunction.

3. According to the plaintiffs, Late Raj Bahadur Singh and the original defendant No. 2, Shiv Bahadur Singh, had acquire certain land as members of joint Hindu Family. As per the plaintiffs the land situated in Khasra No. 47, admeasuring an area of 5 Bighas, 18 Biswa was purchased by Late Shri Raj Bahadur Singh in the name of his son Budhendra Pratap Singh, the defendant No. 1 along with some other land. There was an oral partition between the family members in the month of July, 1968 which was later on written on stamp paper of Rs. 30/- on 26-2-1970 and according to the said document the land wh