JUDGMENT

1. This is a plaintiff's second appeal arising out of a suit for a declaration brought by him against the respondents in pursuance of an order of the Revenue Court in a partition case directing him to establish his right in the Civil Court. The plaintiffs sued defendants 1 to 20 for a declaration that he and defendants 21 and 22 owned the entire patti Ajudhia Singh and half of patti called Mahip Singh together with sir plots in patti Mahip Singh and the entire patti shamilat as per shares detailed in the plaint. In the alternative, he prayed that if it be proved that under sale deed dated 9th February 1897, executed by Mahip Singh and Kamta Singh in favour of Ambika Bakhsh Singh, the one-fourth share of patti shamilat was also sold, then a declaratory decree be passed in favour of himself and defendants 20 and 21 to the effect that they owned the entire patti Ajudhia Singh, half of patti Mahip Singh and three-fourths share in patti shamilat together with sir plots situated in patti Mahip Singh and patti shamilat. The Court of trial passed a decree for a declaration in respect of the properties mentioned in the alternative relief together with certain sir plots. The plaintif