RAJBIR Vs. PADMA DEVI

JUDGEMENT

(1.) THE ancestry of the litigating parties may be noted. The pedigree table is as under: Narbha Nanak Ram Dutt (died issueless) Chajju Ram Jawahar Singh Ghasi Jit Singh (defendants 1 to 4 (defendants 5 to 8 (plaintiffs are the sons of are the sons of Ghasi) are the wife, Jawahar Singh) daughter of Jit Singh)

(2.) JIT Singh filed a suit for partition of a plot of land admeasuring 1200 sq.yds. assigned No. 1572 in village Magholpur Kalan stating that the village was commonly known as Mangolpur Kalan and that their ancestors were the proprietors of vast land in said village and were biswedars i.e. co -sharers of the abadi land in the village, on which they had a house and gher/ghitwar. The ancestor was stated to be as per the afore -noted pedigree table. It was stated that during the settlement of the abadi, effected in the village in the year 1880, the afore -noted plot number was assigned to the land in possession of their ancestors. Alleging that the holding was joint, partition thereof was sought. Right of Ghasi, Jawahar Singh and Jit Singh was pleaded to be 1/3rd each.

(3.) ON the death of Jit Singh his wife, sons and daughter were substituted as the plaintiffs being his legal heirs.