JUDGMENT

Bhide, J. - Letters Patent Appeals Nos. 91 and 92 of 1939 arise out of two suits of which the facts were similar and it will be convenient to dispose of them together. The material facts were briefly these: The plaintiff in these suits was a cosharer in an undivided holding along with the defendants. The defendants were in possession of two khasra numbers, viz., 959 and 1360, measuring 8 and 13 marlas. They sold these khasra numbers to two persons named Churamani and Sukh Dev respectively. Thereupon the plaintiff sued for possession of one-fifth of these numbers on the ground that the defendants were only cosharers in these khasra numbers and they had, therefore, no right to transfer the entire numbers as they did. The defence was that as the vendors were in exclusive possession of these numbers and as their possession could not be disturbed until partition, the transferees also acquired the same rights and the possession of the transferees could not be disturbed till partition. The trial Court rejected this plea and the plaintiff was given decrees for joint possession in both the suits. The defendants appealed and the learned Senior Subordinate Judge upheld their plea and