Code of Civil Procedure, 1908–Sec.100–Second appeal–Scope of maintainability–Suit for declaration and permanent injunction was decreed by trial Court–First appellate Court reversed the judgment and decree–Appreciation of–Defendant-respondent sold his half share of undivided land without specifying any portion of land–Land of joint khatedari and joint possession of both portion–It could not be deemed as ancestral land or co-parcenary or joint hindu family property–Possession of land could not be handed over till the partition of land by metes and bounds–However, the sale would not be held void–Held, first appellate Court was justified in reversing the findings of trial Court.
