1. This second appeal under S.100 of C.P.C. has been preferred against the judgment and decree dated 30.01.2016 passed by Second Additional District Judge, Gohad, District Bhind in Civil Appeal No.4A / 15 arising out of the judgment and decree dated 19.12.2014 passed by Civil Judge, Class - II, Gohad in Civil Suit No.94A / 2013.

2. The facts giving rise to the present appeal in short are that the plaintiff and defendant are co - owner of the disputed property and the property could be partitioned, despite of that, authority of partition has been condemned which is illegal because it was agricultural land and as per S.17 (2) (Viii) of Registration Act, 1908 which has override effect on S.17 (1) of the same Act, hence, the registration of partition of agricultural land by Revenue Officer is not necessary. The State Government has framed rules regarding partition of agricultural land and as per R.7, if during partition, co - tenure wants t