P.C.AGARWAL, J. - (1.)THIS is a second appeal by the defendant.
(2.)LAXMINARAYAN (the appellant -defendant) and late Ramdas (since deceased whose legal representatives are respondents No. (i) to (vii) here) were real brothers. Khasra No. 9/1, area 7.20 acres of village Shodalpur and Khasra No. 66/1, area 4.84 acres of village Behra Kheri (to be called as suit land) are entered in their joint names in revenue papers. Land Khasra No. 64, area 3.30 acres and land Khasra No. 63, area 3.70 acres situate in Behragaon were sold on 1 -4 -1961 in joint names of both the brothers vide Ex. D.5 and Ex. P. 2. Late Ramdas had applied for partition of the suit lands in revenue Courts which was contested by the appellant and question as to title was raised by the appellant.
As per plaint, suit lands are still joint lands in which both the brothers have equal shares and should have divided between them. Thus, a civil suit for declaration of 1/2 share and separate possession after partition.

(3.)ON the other hand, Laxminarayan (the appellant) claimed that both the brothers had already partitioned orally in year 1954. It is claimed that in such partition late Ramdas had got 7.00 acres of land of village Behra Kheri and 4.81 acres of lands of Behrakheri with half share and family movables. Laxminarayan (the appellant) got 5.27 acres of village Mayli and 7.21 acres of land of village Shodalpur. It is claimed that both the brothers continued in possession of their respective lands since then. It was claimed that after such partition Laxminarayan (appellant) sold Khasra No. 30/3, area 5.27 acres of village Mayli on 8 -5 -1957 to Biharilal while 7.00 acres of land of village Behragaon was sold by late Ramdas in year 1967 -68. These sales were individual and were not joint. Land 7.21 acres situate in village Shodalpur is exclusive property of Laxminarayan (the appellant) while land 4.81 acres situate in Behrakheri belongs to late Ramdas alone. House falling in share of Laxminarayan (the appellant) was purchased by late Ramdas on 27 -3 -1970. Laxminarayan (the appellant) got constructed a house. Late Ramdas negotiated for purchase of the same for Rs. 1300/ - and paid Rs. 400/ - as advance but did not respect such an agreement later. It is claimed that late Ramdas had indulged in false prosecutions against Laxminarayan (appellant) and thus their relations had become strained and thus a false suit has been filed.