Law:

Section:

The facts giving rise to this second appeal briefly stated are that Kala Khan and Faizullah sons of Sultan Muhammad purchased land measuring 91 Kanals 4 Marlas falling within specific No4. 258 (68 Kanals I Maria and 260 (23 Kanals 3 Marlas) comprising in Khasra No. 32/179, according to the Jarnabandi for the year 1963/64 of Village Shakarha, Tehsil Mansehra. in the column of cultivation on the basis of mutation No. 243 attested on 26-3-1964 from one Asam Shah a co-sharer in possession. Kala's share in land purchased was double than that of Faizullah, his brother. However thereafter Kala Khan through mutation No. 271 attested on 29.5-65 , gifted half of his acquired land in favour of Mst. Zewar Noor, his daughter and in this manner, Kala Khan, Faizullah Khan and Mat. Zewar Noor became the owners of the suit property in equal share I-e. 1/3 share each.   2 It will be for advantage to refer that Asam Shah owned consider able landed property in the estate comprising in several joint holdings (Khatas) with others, however, these two Khasra Numbers, the subject matter of the suit, were in his hissadari possession, while his other co-sharer had been in the hlssadari possession of the other joint property. . ,   The trouble started when Shah Hussain; respondent No. I purchased 1317/172801 share out of the aforementioned two Khasra Numbers from some 'of the recorded co-sharers in the column of ownership, vide mutation No. 255 attested on 29-7-64. Yet by another mutation No. 249 attested on 13th March 1965, he further purchased from other recorded ca-sharers in the column of ownership 224/4320 share out of the disputed Khasra Number and another Khasra No. 264.   Shah Hussain, vendee being out of possession, and the entire property having been sold in column of cultivation, approached the Revenue Officer through an application for partition of the land purchased by him. By then, the land which Shah Hussain had purchased comprised in. three separate Khatas i.e. Khata Nos. 17, 28 and 32 according to the famabandi for the year 1960/61. Three separate applications were made on 6 -9-1965 one of which pertains to the suit two Khasra Numbers.   It…